MRS. VANEETA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner seeks issuance of a writ of mandamus to direct the respondents to appoint her as Lecturer in English.

(2.) Briefly put, it is the case of the petitioner that pursuant to an advertisement for two posts of Lecturer in English in May, 1995, she too applied. Petitioner was considered and selected. As per merit she was placed at No. 3. Candidates who were at Nos. 1 and 2, their names were recommended to the University for approval whereas candidate at No. 1 was appointed. The appointment of the candidate at No. 2 was withheld on the ground that she is ineligible for the post. Support was taken from the pendency of the matter before the Apex Court, which had stayed the operation of the decision of this Court determining an identical point under consideration. Ultimately, apex court reversed the decision of the Division Bench. Resultantly, the post which was to be offered to candidate at No. 2 remained un-filled. In the light of the aforesaid position, petitioner approached the authorities that as she has been adjudged at No. 3 in the merit list, she may be offered the appointment. Since her representation in this regard had not been favourably considered so has approached this court.

(3.) Pursuant to the notice of motion issued, Kurukshetra University respondent No. 3 alone has filed written statement. Respondent No. 4 despite service has not chosen to file the written statement. Claim of the petitioner has primarily been resisted on the ground that the term of the penal of Selection Committee has elapsed on 27.2.1996 no relief is permissible to the petitioner. Other factual assertions made by the petitioner have not been denied. So, the only objection taken by the contesting respondent is that as the term of the panel of Selection Committee has expired on 27.2.1996 i.e. within six months from the formation of the Committee, no further recommendation can be made by the Selection Committee. This being the position petitioner cannot be offered appointment as a Lecturer.