BACHAN SINGH Vs. PANJAB UNIVERSITY, SECTOR 14, CHANDIGARH

JUDGEMENT

(1.) Prayer in this writ petition is for setting aside communication dated 09.09.2010 Annexure P27, wherein appointment letter issued to the petitioner for the post of Assistant Registrar has been withdrawn and for quashing Para 2 (vi) (revised) dated 31.08.2010 of the Syndicate issued on 10.09.2010 (Annexure P29 Collectively) as well as Para dated 26.09.2010 (Annexure P34) whereby appointment of the petitioner to the post of Assistant Registrar has been cancelled. Further prayer for restraining the respondent-University from carrying out a fresh selection process by inviting fresh applications during the pendency of this writ petition has also been made.

(2.) Brief facts are that, the petitioner joined the respondent-University as a Frash on 04.10.1977. He passed his matriculation examination in March 1979. He was selected and appointed as a Lab Technician by way of direct recruitment in December, 1980. Petitioner thereafter pursued higher studies and ultimately, completed his Masters in Political Science and Post Graduation Diploma in Gandhian Studies in April, 1986. He joined as a Clerk in the office of the Controller of Examination in the year 1987 after participating in the selection process. He was granted three special increments for acquiring higher educational qualifications from time to time. In the meantime he also completed his Bachelors in Laws. The petitioner was promoted to the post of Senior Assistant on 14.04.2007 and thereafter, transferred to legal cell of the respondent-University in July, 2007.

(3.) An advertisement was issued by the respondent-University on 01.07.2009 inviting applications for filling up the posts of Assistant Registrar (Gen. 2, SC 1) (Annexure P13 Collectively). Petitioner applied for the same under the Scheduled Caste category. A corrigendum dated 02.10.2009 (Annexure P13 Collectively) was issued whereby eligibility for the said post was prescribed as Master's degree with at least 50% marks from a recognized University or its equivalent qualification with five years administrative experience or a Bachelor's degree with at least 50% marks from a recognized University or its equivalent qualifications with seven years administrative experience for the external candidates. For internal candidates of the University, minimum qualification prescribed was Graduation from any recognized University and having worked for a period not less than 25 years in the University out of which candidates should have worked for a period of not less than five years as Superintendent/P.A./A.SO./A.S.O.(Stenography)/ Senior Assistant/Stenographer. Ninety Two (92) candidates including the petitioner applied for the post of Assistant Registrar. They were invited for interview and the Selection Committee after interviewing the candidates on 20.08.2010, recommended the names of three persons i.e., the petitioner against Scheduled Caste category, Mr. Lalit Sood and Mrs. Mahesh Johar. Two other candidates were placed in the waiting list.