KAMLESH RAO Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This order will dispose of two writ petitions bearing C.W.P. Nos. 4082 and 24013 of 2011 filed by Kamlesh Rao, petitioner. Petitioner in C.W.P. No. 4082 of 2011 has challenged the panel of Selection Committee constituted under the Haryana Affiliated Colleges (Security of Service) Rules, 1993, hereinafter referred to as 'Rules', alleging that its constitution is violative of the said Rules and that a direction should be issued to the Chairman of the Managing Committee to constitute fresh panel of Selection Committee and fresh selection procedure for recruitment to the post of Principal at Rao Lal Singh College of Education, Gurgaon be adopted. The recommendation made by the illegal Selection Committee should not be recommended by the Vice Chancellor of the University.

(2.) In C.W.P. No. 24013 of 2011, the petitioner has questioned the validity of order passed by the Selection Committee, annexure P-15, dated February 19, 2011 and subsequent appointment offered to respondent No. 7 Dr. Parveen Sharma, pursuant to annexure P-19 and the approval of the Director General, Higher Education, addressed to the Principal of Rao Lal Singh College of Education, Sidharwali, District Gurgaon. The petitioner has also prayed in the said petition that she being the next meritorious candidate after respondent No. 7 who being an ineligible candidate, she should be appointed.

(3.) However, in the written statement filed by the Deputy Secretary, it has been admitted that on receipt of a complaint from the petitioner, an inquiry was conducted in the matter by Sh. S.P. Singh, Joint Director and as per his report annexure R-3/II, the selected candidate Dr. Parveen Sharma did not fulfill minimum qualification for the post of Principal in the College of Education prescribed by N.C.T.E./U.G.C. and that she had been awarded 12 marks for Research and Publications whereas maximum 5 marks could have been given for those achievements but at the same time a stand has been taken that the Selection Committee had been validly constituted and selection was on the basis of merit. The proceedings of the Selection Committee have been appended as annexure R-3/I indicating that 8 persons had applied and only 5 were called on account of ineligibility of remaining persons.