SATYA BHAMA Vs. H.P. KRISHI VISHVAVIDYALAYA

JUDGEMENT

(1.) Petitioner has assailed the appointment of Respondent No. 2 to the post of Assistant Extension Specialist (Home Science). Respondent-University has issued advertisement No. 1 of 2005 on 3.2.2005 whereby applications were invited for filling up the posts of Assistant Extension Specialist (Home Science) on or before 9.3.2005. The minimum qualification for filling up the post of Assistant Extension Specialist (Home Science) was that the candidate should be M. Sc. in the concerned subject having qualified NET from UGC/CSIR/ICAR or similar test accredited by UGC/State in the subject/discipline. The Petitioner applied for the post of Assistant Extension Specialist (Home Science) and was called for interview on 6.2.2006. The same was postponed to 22.2.2006 vide letter dated 16th January, 2006. Petitioner participated in the selection process. However, the Selection Committee recommended the name of Respondent No. 2 for appointment to the post of Assistant Extension Specialist (Home Science). The appointment letter was issued on 7th April, 2006 to Respondent No. 2.

(2.) Notice was issued to the Respondent-University and Respondent No. 2 on 5.5.2006. Notice was issued to Respondent No. 2 by registered notice AD on 9.5.2006 and undelivered envelope or AD was not received back. There is a presumption attached under Section 27 of the General Clauses Act that the Respondent No. 2 has received the registered letter. Respondent No. 2 in these circumstances was proceeded ex-parte on 29.6.2006 by the learned Himachal Pradesh Administrative Tribunal.

(3.) Mr. Jagdish Thakur, Advocate appearing vice Mr. N. K. Thakur, Learned Counsel for the Petitioner has strenuously argued that his client was more meritorious vis-a-vis Respondent No. 2. He then argued that his client was more experienced and has 41 publications to her credit. Mr. Rakesh Jaswal, Learned Counsel for Respondent No. 1 has argued that the Selection Committee has assessed the suitability of the candidates who appeared for interview strictly as per University Statute.