LAWS(P&H)-1997-2-199

MANJIT SINGH Vs. PUNJABI UNIVERSITY

Decided On February 21, 1997
MANJIT SINGH Appellant
V/S
PUNJABI UNIVERSITY Respondents

JUDGEMENT

(1.) Through this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner-Dr. Manjit Singh who is Reader and the Head of the Department of Social Work, Punjabi University, Patiala has challenged the selection of respondent No. 4 to the post of professor in the Department of Social Work of Punjabi University, Patiala and has prayed for the quashing of the selection to that post, conveyed to him through order dated September 20, 1996, Annexure P-7. The facts which have given rise to the writ petition, briefly stated, are as follows :

(2.) The petitioner-Dr. Manjit Singh is working as Reader/Head of the Department of Social Work in Punjabi University, Patiala. He claims to be an academician of repute. He is M.A. in Sociology and also Ph.D. in the subject. In November, 1987 he was selected and appointed as Lecturer in the Department of Social Work in Punjabi University, Patiala. On 13.5.1991 he was selected and appointed as Reader in the Department of Social Work, Punjabi University, Patiala. At present he is holding the post of the Head of the Department of Social Work in the Punjabi University, Patiala. Prior to his joining the Department of Social Work as Lecturer in 1987, he was working in the Centre for Research in Social Change in that University with effect from 17.1.1979, till he joined the Department of Social Work, Punjabi University, Patiala as Lecturer in November, 1987. He is gold medallist in N.S.S. He was nominated as a member of the Punjab State Social Welfare Advisory Board. The trouble started for him when he and 18 other members of the Punjabi University Teachers Association (PUTA) requisitioned the meeting of the general body of the Association to discuss large scale financial irregularities and embezzlement of public funds by the University authorities. That requisition was signed by him and other 17 members on 30.1.1996. Another requisition was signed by him alongwith 72 members of the Association for requisitioning meeting on 12.2.1996 for organizing the annual conference of Indian Science Congress at Punjabi University, Patiala. The Punjab Government sanctioned the grant of Rs. 8 crores. Respondent No. 3 was the Vice Chancellor of the Punjabi University at that time. The meeting of the PUTA was not convened. The PUTA was split into two groups, one group wanted to highlight the illegalities being committed by the University authorities which was known as PUTA Singla Group. He was elected as Vice President of PUTA Singla Group. The PUTA Singla Group of which he was the Vice President had been time and again representing to the Governor, Punjab and the Chief Minister, Punjab against the illegalities being committed by respondent No. 3 - especially in controlling the finances. The petitioner annoyed/displeased the Vice Chancellor because the PUTA Singla Group of which he was the Vice President continuously was highlighting the embezzlement committed by the Vice Chancellor-respondent No. 3. The Vice Chancellor-respondent No. 3 was bent upon to harm his interest. He and other office-bearers of the PUTA Singla Group became eye sore to the Vice Chancellor. The petitioner has given instances of some of the office-bearers who have been charge sheeted by the Vice Chancellor, with a view to amplifying the Vice Chancellor's bias against him. It is not necessary for us to detail those facts.

(3.) The post of Professor in the Department of Social Work was advertised on 12.2.1996 in 'The Daily Tribune'. Annexure P-5 is the relevant advertisement. It was mentioned in the advertisement Annexure P-5 that 4.3.1996 shall be the last date for the submission of the applications to the Deputy Registrar (Establishment). It was also mentioned that incomplete applications and those received after the last date shall not be entertained. Respondent No. 4 (selectee) made no application for the post of Professor in the Department of Social Work, Punjabi University, Patiala up to 4.3.1996. He submitted his application in pursuance to the aforesaid advertisement on 25.6.1996, which was entertained. No corrigendum was issued to the advertisement extending the date for submission of applications for the post of Professor, Social Work, Professor Philosophy, Geography etc. as mentioned in Annexure P-5. It is further averred by the petitioner that if corrigendum had been issued to the said advertisement extending the date for the submission of the applications, other eligible persons could also have offered themselves for the post and thereby the range of selection would have covered a large number of candidates and the selection could have been that of the more merited and deserving. It was not done because respondent No. 3 wanted to select respondent No. 4 and that was why he invited his application on his own after 4.3.1996 and got him selected. The post of Professor in the Department of Social Work was to fall vacant on 31.12.1997 on the retirement of Dr. N.S. Sodhi, Professor in the Department of Social Work. Respondent No. 3 transferred the post of Professor from the Department of Oral History Cell to the Department of Social Work, in anticipation of the vacancy that was to arise on 31.12.1997 vide order dated 15.2.1996. The post was to go back to the Oral History Cell on the retirement of Dr. N.S. Sodhi. The Vice Chancellor could not take any decision regarding creation, abolition, revision, modification of teaching course in the University without the recommendation of the Academic Council as per University Calendar 1990 Chapter-1, Clause 8(4)(ii)(a) & (b) page 30. It was for the administrative committee of the relevant Department to exercise the power and function to decide the filling up of the new posts, creation of new posts and up-gradation of existing posts. Respondent No. 3 did not seek approval of the administrative committee of the Department. Annexure P-6/A is the relevant extract of the calendar that is clause 8(4)(ii)(a) & (b). The petitioner applied for the post of Professor in pursuance of the advertisement dated 12.2.1996 Annexure P-5. The interview for the post was held on 14.2.1996. On the interview committee Dr. Girish Kumar and Dr. B.N. Srivastava, Department of Social Work, Kashi Vidhya Peeth, Varanasi had been associated. Those two outside experts were biased against the petitioner and in favour of respondent No. 4 inasmuch as respondent No. 4 was also teaching in the same Department at Kashi Vidya Peeth, Varanasi to which the said experts belonged. Respondent No. 4 was selected for the said post because of the influence exercised by those experts on the selection committee. The selection/appointment (Annexure P-7) is illegal inasmuch as it was issued without the approval of the syndicate. He represented to the Governor vide his representation dated 26.9.1996 (Annexure P-8) bringing to his notice that the post which was advertised was never got approved by the Academic Council and the Administrative Committee of the Department was also by passed and that application of respondent No. 4 had been entertained after the expiry of the last date that is 4.3.1996, which was never extended and corrigendum to the advertisement extending the date was never issued. It was also mentioned in the representation that to select respondent No. 4, the colleagues of respondent No. 4 were invited as experts on the interview committee. According to para 6(a) of the University Calendar in the case of teaching/research post, only the applications received upto the last date mentioned in the advertisement (sic) be taken on the applications received after that date.