SHARMILA DEVI SHARMA Vs. Y. S .PARMAR UNIVERSITY

JUDGEMENT

(1.) THIS appeal by the appellant is directed against the judgement of the learned Single Judge dated 14.5.2009 whereby he dismissed the petition filed by the appellant and held that her prayer that she be regularized/absorbed in regular service cannot be accepted.

(2.) BRIEFLY stated the facts of the case are that the petitioner applied for the post of Assistant Librarian in the Dr. Y.S.Parmar University of Horticulture and Forestry, Nauni, District Solan (hereinafter referred to as the University) on 30.10.1996. She also made a representation to the then Chief Minister of the State on 18.11.1996 that she be employed as Library Assistant on daily wage basis in the University. The Chief Minister recommended the case of the petitioner and directed that she be employed on daily wage basis as requested. The Vice Chancellor was requested to take further action and he was also directed to inform the OSD -cum -Principal Secretary to the Chief Minister. Order in this behalf was issued on 20.12.1996. The case of the petitioner was accordingly processed and the petitioner was appointed/engaged only on the ground that her case has been recommended by the then Chief Minister.

(3.) SHRI V.D.Khidtta, learned counsel for the appellant, has strenuously urged before us that the initial appointment of the petitioner was in accordance with the rules since the rules permit the Vice Chancellor to appoint a person for six months. He submits that the initial appointment was extended and regularized by the competent authority of the Board and therefore at this stage it is not open to the University to urge that the initial appointment of the petitioner was illegal. He also contends that even if there was any irregularity in the appointment of the petitioner then also the petitioner should not be deprived of her right because there is no illegality in her appointment and at best it is a case of irregularity and not illegality. It is not disputed that the University had delegated full powers to make appointments in respect of all employees other than teachers and officers to the Vice Chancellor. According to Section 25(11) of the University Act the Vice Chancellor may temporarily appoint a person to any posts in the University for a period not exceeding six months. This Section reads as follows: - The Vice Chancellor may appoint temporarily under intimation to the Board a suitable person for a period not exceeding six months in the vacancy of an officer, teacher or any other employee in the University. -