MEERA MAHAJAN Vs. MANAGEMENT COMMITTEE

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that the petitioner claims that she was appointed as Lecturer in the subject of History by the respondent- College. The petitioner has, however, not placed on record her appointment letter. The Management has issued an advertisement on 11th February, 1998 for filling up the post of lecturer in the subject of History. She along with respondent No.4 applied for the same. The interview was held on 26th June, 1998. The result was declared on 7th July, 1998. Respondent No.4 was selected and he joined his duties in the month of August, 1998. The services of the petitioner were terminated on 9th July, 1998.

(2.) The case of the petitioner in nutshell is that she was fully qualified and eligible to be considered for the post of lecturer in the subject of History and the respondents should not have initiated the fresh process of filling up the post vide advertisement dated 11.2.1998. The respondent-College i.e. Arya Girls College, Nurpur was taken over by the respondent-State on the basis of the Notification dated 25th June, 2002. The petitioner has moved an application bearing MA No. 2273 of 2002 seeking amendment to the Original Application after issuance of the Notification dated 25.6.2002 The application was dismissed by a reasoned order by the learned Tribunal on 17.6.2008. The case of the respondents in nutshell is that the appointment of the petitioner as Lecturer was a temporary appointment and she was not eligible and qualified as per Rule 3 of the Appendix-A of Chapter-38 of the Volume-II of the Handbook of the H.P. University relating to the affiliated colleges.

(3.) Mr. Virender Rathore, learned counsel appearing on behalf of the petitioner has strenuously argued that the appointment of respondent No.4 to the post of Lecturer in the subject of History is illegal, arbitrary, discriminatory and thus violation of Articles 14 and 16 of the Constitution of India.