R D SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner challenges the advertisement notification issued by B.P.S. Mahila Vishwavidalaya for appointment to the post of Assistant Registrar. The ground of challenge, inter alia, is that the qualifications prescribed in the advertisement notification as regards the experience are contrary to Maharishi Dayanand University Non-Teaching Employees (Terms and Conditions of Service) Rules, 1980 (for short, 'Rules of 1980'). Further contention is that as per the rules, the post is to be filled up only by promotion and the advertisement notification for direct recruitment is also untenable. The petitioner also relies on the observation of a Division Bench in LPA No.88 of 2010, which was against the summary order of dismissal of the writ petition at the first instance. The learned counsel appearing for the petitioner would point out to the summary of arguments as recorded by a Division Bench where it has observed that the learned counsel appearing for the parties argued that the rules of MDU would apply to the 2 nd respondent University to the extent possible keeping in mind the ground realities.

(2.) The petitioner's particular objection to the qualifications prescribed could be understood only in the light of what it actually contains. It can be useful to reproduce the same: <FRM>JUDGEMENT_524_LAWS(P&H)5_20121.html</FRM>

(3.) The writ petition also sets out information that the 2 nd respondent University obtained to such status on 18.08.2006 through a State enactment. Although a letter had been issued by the Vice-Chancellor of the University that service conditions of its employees would be governed by the rules framed for the purpose, it also provides that till the BPS Mahila Vishwavidalaya rules are framed, the Rules of MDU should be followed. Referring to Rule 12 of the MDU, the petitioner would contend that there were three channels of recruitment, namely, direct recruitment, promotion and deputation; and Rule 13 prescribes that all the appointments shall be made on the basis of seniority-cum-merit.