KRISHAN CHAND Vs. Y.S.PARMAR UNIVERSITY

JUDGEMENT

(1.) Brief facts necessary for the decision of the case are that the petitioner, who is working as a Research Associate in the department of Silviculture and Agro Forestry of Dr.Y.S.Parmar University of Horticulture and Forestry, Nauni (hereinafter referred to as the University) has prayed that the appointment of respondent No.2 to the post of Assistant Professor be set-aside and the University be directed to reserve the post for scheduled castes and scheduled tribes candidates.

(2.) The respondent No.1 University issued an advertisement on 17.08.2007 inviting applications for filling up the posts of Assistant Scientist/Assistant Professor in various departments. The petitioner, who is otherwise duly qualified, applied for the said post. On 15.11.2008 the petitioner made a representation to respondent No.1 stating that the University had not followed the reservation roster and some of the posts should have been reserved for the scheduled castes and scheduled tribes candidates as per the roster. The petitioner appeared in the interview and was not selected. He made a complaint to the National Commission for Scheduled Castes, which called for the records and finally the petitioner filed the present petition praying that the appointment of respondent No.2 be set-aside and a writ of mandamus be issued directing the respondent-University to fill up roster point No. 7 and 15 in the department of Silviculture and Agro Forestry from the candidates belonging to the scheduled caste category.

(3.) The undisputed facts are that there are 18 posts of Assistant Professor or equivalent in the department of Silviculture and Agro Forestry. It is also not disputed that if the reservation roster is applied then posts at Sr. No. 7 and 15 were to be reserved for scheduled castes and the post at Sr. No. 14 for scheduled tribes. The whole dispute is that the petitioner claims that since these posts have not been filled in by scheduled caste candidates the next available post should have been reserved for scheduled caste candidates. The stand of the University on the other hand is that plotting has been done and persons allotted their slots and scheduled caste candidates can only be considered for appointment when the persons who have been slotted at Sr.No. 7 and 15 of the roster vacate their posts.