SARLA MITTAL Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) This is a writ petition by Smt. Sarla Mittal widow of the Chief Librarian who was working in the Punjabi University, Patiala. He expired on 26.6.1988 while in service. The petitioner applied to the Vice Chancellor of the said University for the appointment of her son as a Lecturer on compassionate grounds, who holds the qualifications of Master of Business Administration. The petitioner has stated in the writ petition that the University has been making appointments of the dependents of the employees of the Punjabi University, who have died while in service. She has supported her stand by citing instances in the writ petition to the effect that one Mrs. Balwinder Kaur Brar and Mrs. Umeshwari Saran were appointed as Lecturer and Assistant Proof Reader respectively in the University on compassionate grounds as they were dependents of the deceased employees of the University. It has been further stated that Shri Randhir Bahri and Shri R.N. Misra were also appointed as Lecturers in the said University on compassionate grounds. However, the request of the petitioner for the appointment of her son as Lecturer on compassionate grounds was declined by the University authorities vide order Annexure P.2. The only ground stated in the order for not making his appointment is that it will require relaxation of qualifications and the matter has to be referred to the Chancellor for necessary orders. The petitioner has also placed on record Annexure P.3 depicting the details of the biodata of Dr. R.N. Mittal son of the petitioner. A mere reference to the biodata will show that Dr. R.N. Mittal qualified B.A. (Hons.) and M.B.A. examination in the first division. In Annexure P.3 his experience has also been given. According to it, he has worked as Assistant Marketing Manager from July 1977 to October 1978 in M/s Engineers Trading Private Ltd. Delhi. He has also worked as Marketing Officer in M/s Partap Steel Rolling Mills Ltd. Ballabgarh from November 1978 to April 1979. He has further worked as Assistant Marketing Manager from May 1979 to April 1984 with M/s G.N.A. Enterprises Private Ltd. Goraya (Punjab), which is stated to be an internationally reputed concern for manufacture of Auto spare parts. From April 1984, he has been working as Deputy Manager with M/s Road Master Industries Pvt. Ltd. Rajpura. In this capacity, he has been controlling the sales of the States of Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir, Western U.P., Gujarat, Maharashtra and Rajasthan. He was awarded national merit scholarship of Rs. 100/- per month for two years 1973-74 to 1974-75 for standing first with first Division in B.A. (Hons.) examination of Gauhati University in 1973. He was also awarded Manoranjan Dass Memorial Scholarship for securing highest marks in various examination. His present emoluments are Rs. 2710 + Rs. 4400/-.

(2.) A reference to the above mentioned biodata of Dr. R.N. Mittal clearly shows that he has got the necessary academic qualifications for being appointed as Lecturer. Besides this, he has also vast experience to his credit.

(3.) Notice of this writ petition was given to the respondent University which has filed a return. It is now well settled that University is a State for the purpose of Article 12 of the Constitution of India. Punjabi University was constituted by an Act of State Legislation. So all acts of the University authorities are subject to Chapter 3 of the Constitution.