ANITA PATHANIA Vs. HIMACHAL PRADESH UNIVERSITY SHIMLA

JUDGEMENT

(1.) AN advertisement was issued by the respondent- University for filling up 5 posts of Lecturers in the International Centre for Distance Education and Open Learning (ICDOEL) vide advertisement No. 2/2008. Last date of receipt of applications was 15.1.2009. Petitioner submitted an application for considering her candidature for the post of Lecturer. According to advertisement No.

(2.) OF 2008, qualifications prescribed for the posts were the same as prescribed by the University Grants Commission and adopted by the respondent-University from time to time. The eligibility of the candidates was to be determined on the basis of qualifications acquired by them upto the last date fixed for receipt of applications, i.e. 15.1.2009. Thereafter, respondent-University issued fresh advertisement No.1/2010 on 9.4.2010 for the posts of Assistant Professors in the ICDOEL. Last date of receipt of applications was 12.5.2010. Qualifications for the post were the same as prescribed by the University Grants Commission and adopted by the respondent- University from time to time. The eligibility of the candidates was to be determined on the basis of qualifications acquired by them upto the last date fixed for receipt of applications. Petitioner apprehended that her candidature may not be considered by the respondent-University, thus, she approached this Court by way of CWP No.5825/2010. An interim order was passed by the Division Bench of this Court on 21.9.2010. Petitioner appeared in the interview on 23.9.2010. Respondent-University has issued advertisement No.

(3.) MR. B.C. Negi has strenuously argued that result in sequel to interview held on 23.9.2010 was declared and four incumbents have already been appointed. He then argued that case of the petitioner was also considered strictly in accordance with law but the Selection Committee has not recommended the name of the petitioner for the post in question. He further argued that the petition is bad for non-joinder of necessary parties since the petitioner has not impleded the selected candidates.