NAVDEEP GOYAL Vs. UNIVERSITY GRANT COMMISSION

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, petitioner is praying for a writ in the nature of certiorari for quashing Annexure P-12 dated 3.3.1992 whereby the University has rejected the representation of the petitioner for approving appointment as Lecturer in Physics.

(2.) As per case set out in the petition, the petitioner was appointed as Lecturer in Physics by respondent No.3-D.A.V. College, Chandigarh (in short, the College). This was a temporary appointment w.e.f. 30.8.1991 to 10.3.1992. The college sought approval of the appointment of petitioner from the university. This request of the College was declined by the University vide its letter dated 1.1.1992 on the ground that the petitioner does not fulfil the requisite qualifications. Petitioner thereafter made a representation to the University. The University did not decide the said representation. Petitioner approached this Court in Civil Writ Petition No.1314 of 1992. This Court finally on 28.1.1992, directed the University to decide the representation of the petitioner after giving him an opportunity of hearing. Vide order dated 3.3.1992 (Annexure P-12), the representation of the petitioner was rejected by the Registrar, Punjab University Chandigarh, on the ground that such candidates who have qualified J.R.F. test conducted by the U.G.C./C.S.I.R. from December 1989 onwards are eligible for appointment as Lecturer, unless they are exempted from passing the said test in terms of U.G.C.'s letter dated 30.1.1990. The petitioner has now challenged the order, Annexure P-12, dated 3.3.1992, here in this writ petition.

(3.) Written statement has been filed only on behalf of respondent No.3. The University has chosen not to file written statement. According to written statement of respondent No.3, the case of the petitioner was sent for approval to the University, but the University found the petitioner, being not qualified and, therefore, respondent No.3 had no alternative but to terminate the appointment of the petitioner before expiry of due date.