LAWS(P&H)-2024-3-1

RIPUDAMAN SINGH Vs. PUNJAB UNIVERSITY

Decided On March 01, 2024
Ripudaman Singh Appellant
V/S
PUNJAB UNIVERSITY Respondents

JUDGEMENT

(1.) The appellant has impugned the order of the Single Bench dtd. 12/1/2018 whereby his writ petition challenging the appointment of respondent No.4 had been dismissed.

(2.) Learned counsel for the appellant submits that the writ petition had been erroneously dismissed by the Single Bench although respondent No.4 was clearly ineligible for 02 marks on account of teaching experience as he was holding a non-teaching post of Map Curator. He further submits that the Single Bench of this Court has erred in relying upon the judgement of the Single Bench in the case of Dinesh Bagga Vs. State of Punjab and others, 2011 SCC Online P&H 8520, which had been set aside by the Division Bench of this Court in the case of Dinesh Bagga Vs. State of Punjab, LPA No. 1645 of 2011 reported as 2012 (58) R.C.R. (Civil) 276. He, therefore, submits that the appointment of respondent No.4 be set aside and respondent No.1-University be directed to appoint the appellant to the post of Assistant Professor (Geography) as he would be having more marks than respondent No.4 if the respondent No.4 is not awarded 02 marks for 'experience'.

(3.) Learned counsel for respondent No.4, however, submits that respondent No.4 was working as a Map Curator and had been teaching various subjects including Post Graduate Diploma in Remote Sensing and GIS System, Masters in Disaster Management and Masters in Remote Sensing and GIS and therefore, he had been rightly awarded 02 marks for teaching experience. He has also relied upon the judgement of the Single Bench of this Court in the case of Deepak Sharma Vs. State of Haryana, 1996 (1) SCT 594 wherein the Court had directed the respondents to give due weightage to the certificates of teaching experience which had been issued to the petitioner therein, who was working as a Clerk but was also performing teaching duties in a government school.