SHASHI KANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the present writ petition is to the selection and appointment of respondent No. 5 on the post of Lecturer in the subject of Business Administration for BBA Course in respondent No.4 Institute.

(2.) It is the case of the petitioner that Sonepat Hindu Educational and Charitable Society, Sonepat, is a registered Society running various educational institutions which are affiliated to the Maharishi Dayanand University, Rohtak (hereinafter to be referred as " the University"). All the institutions are getting 95% aid from the government Government and are affiliated to the University. The service conditions of the employees of the institute are regulated by the statutory rules and, therefore, amenable to the writ jurisdiction of this Court. It is also pointed out that service conditions of the employees of respondent institute are regulated by the Haryana Affiliated Colleges (Security of Service) Rules, 1993 (hereinafter to be referred as "the Rules"). As per Rule 6 of the aforesaid Rules, the qualifications to the post in service is as specified by the University. As per Rule 7, recruitment to the service is made by a Selection Committee comprising the Chairman of the Managing Committee or the Vice Chairman in his absence; the nominee of the Vice Chancellor and a representative of the Director of Higher Education, Haryana.

(3.) It is pointed out that the petitioner has passed the Degree of Master of Business Administration securing about 63% marks in the year 2003 and has also passed the National Educational Test (hereinafter to be referred as "the NET") conducted by the University Grants Commission (hereinafter to be referred as "the UGC") in December, 2003. It is, thus, contended that the petitioner fulfils the qualifications for the post of Lecturer prescribed by the University.