ARUN MALHOTRA Vs. REGIONAL ENGINEERING COLLEGE

JUDGEMENT

(1.) The petitioner was a candidate for recruitment to the post of Assistant Professor at the Regional Engineering College, Kurukshetra. He challenges the selection and appointment of respondents Nos.4 to 6 on a two-fold basis. Firstly, it is alleged that the selection is violative of the provisions of Articles 14 and 16 of the Constitution of India, inasmuch as he was excluded from consideration by adopting the process of short listing. Secondly, it is submitted that the College had advertised only 2 posts and the selection and appointment of respondent No.6 being beyond the advertised posts cannot be sustained.

(2.) The respondents contest the petitioner's claim. In the written statement filed on behalf of respondents Nos.1 to 3, it has been pointed out that a total of 20 applications had been received for the three posts which were available. Under Bye-law 6, the maximum number of candidates who could be called for interview was 18. Accordingly, the applications were scrutinised and 18 candidates were called for interview. The petitioner was one of the two candidates who were excluded during the process of short listing. The 18 persons were interviewed by the Selection Committee. It found 5 persons suitable for appointment. The first 3 viz. respondents Nos.4 to 6 have been appointed in pursuance to the recommendations of the Selection Committee. It has been repeatedly averred that the number of posts which had been advertised were 3 and not 2. One of these was a temporary vacancy which was likely to continue. The respondents maintain that the selection and appointment of respondents Nos.4 to 6 is in strict conformity with law.

(3.) A separate written statement has been filed by respondent No.4. It has been alleged that the petitioner was not eligible as he did not possess the requisite experience. An effort has also been made by the respondent to high-light his qualification and experience to show that his selection and appointment is in conformity with law.