DEV DUTT KHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a retired teacher, has approached this court through the present petition with the prayer that the appointment of respondent No. 6 as Lecturer in Electrical Engineering be quashed. The petitioner asserts that he was no personal interest in the case and that he is approaching the Court purely in public interest. He points out that respondent No. 6 who has been selected and appointed as Lecturer in Electrical Engineering does not fulfill the qualifications as notified by the institution vide its advertisement, a copy of which has been produced as Annexure P-1 with the writ petition. According to this advertisement the minimum qualification which a candidate had to fulfill was - "1st Class Bachelor's Degree in appropriate branch of Engineering". The petitioner asserts that as many as 30 candidates had applied. After verification of the particulars respondent No. 5 had called 10 candidates for interview. Only 3 had appeared including respondent No. 6. Two candidates viz. Jaspal Singh and Miss Aarti Sharma possessed the qualification of Bachelor in Electrical Engineering. They also had experience. However, respondent No. 6 who had "simply passed Section A and B of Institute of Engineering........ and he has not joined any Degree College of Electrical Engineeringand has not passed Degree of Electrical Engineering in 1st Class......." was selected. The petitioner maintains that the selection and appointment of such ineligible candidates would be against public interest and that it deserves to be set aside.

(2.) A written statement has been filed on behalf of respondent Nos. 2, 4 and 5 by the College Principal. The petitioner's locus standi had been challenged on the ground that he has not approached the court bonafide. He had got two sons who have passed A.M.I.E. examination. It has been alleged that he had approached respondent No. 5 for adjustment of his sons. Since this was not done, he has filed the present writ petition. On merits, it has been averred that "although the post of Lecturer in Electrical Engineering was advertised to be filled in by way of direct recruitment but,......................... as only two candidates had appeared before the Selection Committee and were not found suitable ...................... the Departmental candidate i.e. respondent No. 6 was available, therefore, he was considered and promoted to the said post in the promotion quota by the Selection Committee". It has also been stated that the qualification for appointment to the post of Lecturer have been laid down by the State of Punjab in its order issued under Article 320 (3)(b) of the Constitution. According to this order, persons possessing the qualification of "2nd Class Bachelor's Degree in Engineering or Technology or equivalent (other than AMIE) OR Section A&B of AMIE after a regular diploma course of three years duration of a recognised Institute of the State Board of Technical Educational" are eligible.

(3.) Counsel for the parties have been heard.