KULDEEP SINGH Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) Cm-10596-Cwp-2018

(2.) Learned counsel for the review applicant submitted that in para 8 of the judgment dated 23.05.2017, there is error in not considering the factual aspect to the extent that review applicant had published two more papers on 15.09.2011 and 30.09.2011 which was prior to 03.10.2011, which was the last date for submission of the application for the post of Assistant Professor (History). It was further submitted that even though papers published on 15.09.2011 and 30.09.2011 and was within the knowledge of the review applicant as on 03.10.2011, for bona fide reason he could not produce and it was produced before the selecting authority on 101.2012 and it has been appreciated and accepted by the selecting authority while selecting the review applicant for the post of Assistant Professor (History). Therefore, review applicant did possess paper publications as one of the requirement for awarding marks. It was also contended that University respondent have entertained publication of papers, those who have not submitted as on 03.10.2011 and accepted on par with the review applicant. Therefore, it was submitted that as on the last date, namely, 03.10.2011, review applicant had published papers on 15.09.2011 and 30.09.2011 for which he is entitled for additional marks. To that extent, there is an error and order dated 23.05.2017 is to be recalled. In support of review applicant's contention to that extent that if a candidate is eligible as on the last date with reference to a particular qualification and document, in that event, candidate's selection is required to be taken into consideration with reference to non-furnishing of documents as on the last date fixed. He relied on Supreme Court decision in the case of Ashok Kumar Sharma and another vs. Chander Shekher and another, reported in, (1993) Supp2 SCC 611 (Para No.15).

(3.) Heard the learned counsel for review applicant.