NARINDER KUMAR Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) Do Respondent Nos.4 and 5 fulfill the qualifications for appointment to the post of Lecturer in Grandhian Studies as notified in the advertisement No.6/93 issued by the Punjab University, Chandigarh. This is the short question that arises for consideration in this writ petition.

(2.) The petitioner passed the M.A. Examination in Gandhian and Peace Studies in April 1986 from the Department of Gandhian Studies, Punjab University. He also passed the M.Phil examination from the same Department in September, 1988. In 1993, the Punjab University advertised the posts of Lecturer, in different subjects including the two posts in Gandhian Studies. The petitioner allege, that persons who did not fulfill these qualifications like Respondent Nos.4 to 11 were called for interview which was held on August 16, 1994. He also points out that even in the past, whenever the question of awarding of fellowship or appointment on ad hoc or part-time basis had arisen, ineligible persons had been appointed. Likewise, even on the present occasion, the Selection Committee called ineligible candidates for the interview. Aggrieved by this action, they approached this Court through C.W.P. No.1161S of 1994. Finding that the "selection made by the Selection Committee is yet to be approved by the Syndicate of the University" the Division Bench vide its order dated August 25, 1994, dismissed the petition as being premature. The petitioner submitted various representations to the Syndicate of the University as also the Vice Chancellor. No reply was given to him. However, on June 1, 1995, the proceedings of the selection committee were approved by the Syndicate. Consequently, letter of appointment was issued to Respondent Nos. 4 and 5. A copy of the letter of appointment has been produced as Annexure P-12 with the writ petition while that of the proceedings of the syndicate is at Annexure P-15. The petitioner impugns these orders primarily on the ground that Respondent Nos.4 and 5 were not eligible for appointment as lecturers as they did not fulfill the essential qualification of M.A. in the relevant subject' as described is the advertisement. He, consequently, prays that the selection and appointment of these respondents may be set aside and the respondents be directed to appoint him.

(3.) A written statement has been filed on behalf of Respondent Nos. l and 2 by the Registrar of the University. A separate written statement has also been filed by respondent No.4. In the written statement filed on behalf or Respondent Nos. 1 and 2, it has been inter alia stated that the selection has already been up-held by a Division Bench of this court by its judgement in C.W.P. No.10371 of 1994 which was decided on October 7,1994. It has been further stated that the action of the University in considering the cases of persons who had degree of M.A. in Political Science, History and Sociology etc. is in conformity with the letter written by the University Grants Commission on August 11, 1983. According to the respondents, Gandhian Studies is "an inter-disciplinary subject and Gandhian Thought also forms part of the Syllabi for various other social sciences subjects." Admission to M. Phil in Gandhian studies is open to candidates who had passed M.A. in Gandhian Studies,Political Science, Sociology, Economics, Public Administration, History, Psychology and Philosophy. The subjects of Gandhian Studies" falls under non-formal education" On this basis, the respondents urge that persons who have passed M.A. in History, Political Science and Sociology etc. are eligible for appointment to the posts of Lecturers in the Department of Gandhian Studies. The allegations or mala fides or extraneous considerations as levelled by the petitioner have been controverted.