MURARI LAL SAINI Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) The petitioner was appointed as a Wrestling Coach in the Kurukshetra University on 16th October, 1979 on the basis of his qualifications of B.A. and Diploma in Coaching from the Netaji Institute of Sports, Patiala. He obtained his Mater's Degree in Physical Education in June, 1995 (during the course of his service) and, thereafter, applied for registration for a Ph.D. Degree in Physical Education as per his application dated 3rd May, 1996, Annexure P-1 to the petition. As no reply was forthcoming, he submitted a representation dated 23rd February, 1998 Annexure P-2 to the petition, pointing out that he had been imparting instruction in wrestling to students of the University and was thereby entitled to registration, and that even the State Government had, vide notification dated 4th March, 1987, redesignated the Sports Officer working in the Universities and affiliated Colleges as Lecturers. The petitioner's case was, however, not considered sympathetically and vide Annexure P-6 dated 2nd April, 1998, he was informed that his request had been declined "being not covered under the relevant provisions of the Rules". The petitioner then served a registered notice through counsel but still finding no redressal has filed the present writ petition.

(2.) In the reply filed by the respondent-University. It has been pointed out that the petitioner was not a Teacher as he was holding a non-academic and non-teaching post and as such, was not eligible for being registered for the Ph.D. Course.

(3.) A replication has also been filed by the petitioner controverting the assertions made in the written statement.