SARABJEET KAUR DHALIWAL Vs. PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA

JUDGEMENT

(1.) Post of Assistant Economist in the Punjab Agricultural University, Ludhiana respondent No. 1 (hereinafter referred to as the 'respondent University'), was advertised in Sept. 1997. The petitioner applied for appointment to the said post. Her application was initially rejected. It appears the petitioner was not called for the interview in view of the fact that she did not have the requisite qualification of; "Second class B.Sc. (Agriculture)/B.Sc. (Home Science)/B.A. with Economics" as was advertised. The petitioner was having the qualification of B.A. but not with Second class as was required. She, therefore, made a representation dated 2.12.1997 (Annexure R-1) to the Head Department of Economics and Sociology of the respondent University stating therein that she did her graduation from Punjab University, Chandigarh securing 49% marks. However, she had later improved her qualifications upon the grade of graduation level from the University of California, Riverside USA in 1976. The Head of the Department constituted a Committee of three Professors of the Department of Economics and Sociology of the respondent University. The said Committee vide its report dated 12.12.1997 (Annexure P-4) observed that the petitioner had covered more number of courses at the under graduate level and that her B.A. degree has no relevance now as she had improved upon this degree with first division. The committee recommended that the petitioner may be called for interview.

(2.) The petitioner vide memo. dated 5.5.1998 (Annexure P-1) was called for interview on 15.5.1998. She was selected and was initially offered the said post of Assistant Economist on ad hoc basis w.e.f. 10.9.1998. Thereafter, vide order dated 11.10.1999 (Annexure P-2) the services of the petitioner were regularised w.e.f. 23.6.1999 after the vacancy had become regular.

(3.) While the petitioner was working she received a show cause notice dated 14.5.2001 (Annexure P-3) from the Registrar of the respondent University to show cause as to why her services may not be terminated as she does not fulfill the essential qualifications for the post of Assistant Economist. The show cause notice also contained a report of the Committee dated 12.12.1997 (Annexure P-4), which was given by three Professors of the Department of Economics and Sociology of the respondent University at the time of her initial appointment, as also a report of the Committee dated 30.4.2001 (Annexure P-5) on the subject of irregular appointment of the petitioner as Assistant Economist in the Department of Economics and Sociology. The petitioner submitted her reply dated 28.5.2001 (Annexure P-6). However, her services were terminated on 12.6.2001 (Annexure P-9) and she was relieved on the same day vide Annexure P-7.