VANITA VASHISHT Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court praying for issuance of writ in the nature of certiorari quashing the order dated 16.06.2008 conveyed vide memo dated 21.08.2008 (P-6) whereby claim of the petitioner for fixing her seniority from the date when her other batchmates were given appointment, has been declined and further prayer is for issuance of directions to the respondents to grant her benefit of seniority and notional pay fixation from the date when her other batch-mates were given appointments and were allowed to join the duties w.e.f 01.01.2007.

(2.) Pursuant to advertisement issued by the Manohar Memorial College ( for short 'respondent-college'), petitioner was selected and appointed as lecturer in Economics on the basis of her merit on contract basis/temporary against the vacancy. She joined her duties on 27.07.1999 and since then she is continuously working in the said college. Thereafter, after lifting of the ban on appointment on regular basis in the year 2006, the respondent-College issued an advertisement dated 07.06.2006 for filling up various posts of Lecturers including one post of Lecturer in Economics. Petitioner applied for the post of Lecturer in Economics on regular basis. However, the Government of Haryana vide advertisement dated 16.10.2006 took a decision that upper age limit will be 40 years and thus, the candidature of the petitioner was rejected as she had crossed the age of 40 years on the last date of submission of applications.

(3.) Subsequently, petitioner filed CWP No. 17182 of 2006 challenging the action of the respondents in declaring her ineligible for appointment to the post of Lecturer in Economics and sought directions to consider her eligible in age for the post of Lecturer. This Court vide order dated 09.11.2006 permitted the petitioner to participate in the selection process provisionally but the result of the petitioner was ordered to be kept in sealed cover and the same was directed to be produced before the Court.