SATISH KUMAR Vs. VICE CHANCELLOR, KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) The moot question which requires adjudication in this writ petition is: whether on the basis of panel/ranking list prepared by Selection Committee constituted by Executive Council of Kurukshetra University, Kurukshetra, in June, 1993, a writ can be issued in favour of the petitioner for appointment on the post of Sub-Divisional Officer (Civil) in Kurukshetra University.

(2.) In response to the advertisement dated February 10, 1992 (Annexure P.1) issued by Kurukshetra University, Kurukshetra (hereinafter referred to as 'the University') for one post of Sub-Divisional Officer (Civil) in the University, the petitioner applied having eligible criteria, i.e. qualification of Bachelor of Engineering with two years' experience. The same post was advertised by the University on March 1, 1993, petitioner applied in pursuance of that advertisement also. Under the Ordinance of the University, its Executive Council constituted a Selection Committee consisting of (i) Vice- Chancellor, (ii) Deans of Faculties nominated by the Vice-Chancellor, (iii) one person nominated by the Executive Council, (iv) Experts nominated by the Vice-Chancellor, and (v) Registrar of the University. Petitioner appeared before the Selection Committee for interview on April 30, 1993. The Selection Committee prepared a panel/ranking list. Petitioner was shown at serial No. 2. One Sunil Kumar, who was placed at serial No. 1 in the ranking list, joined the service on June, 22, 1993 and left the service on September, 21. 1993.

(3.) The petitioner has averred in the petition that as per the Resolution No. 26 of the Executive Council dated November 16, 1963 (Annexure P.4), the Select List/Ranking List could remain valid for a period of six months, which could be further extended, in the interest of the University, for a further period of three months with the approval of the Executive Council. When Sunil Kumar resigned from the post of Sub-Divisional Officer (Civil) on September 21, 1993, the select/ranking list was valid and as per the Executive Council's resolution dated November 16, 1963 (Annexure P.4), petitioner should have been appointed by the respondent-University on the post of Sub-Divisional Officer (Civil). He approached the respondents for his appointment, but his prayer was declined.