POOJA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE learned senior counsel for the petitioner submits at the very outset that the petitioner is before this Court in this writ petition under Article 226 of the Constitution in second round of litigation.

(2.) THE petitioner is seeking the following substantive reliefs: -

(3.) AGAINST the foregoing background the petitioner is once again before this Court. According to her, she was recruited by a duly constituted Selection Committee as per UGC/H.P. University norms. She further contends that at the time of taking over of various other privately managed Colleges in the State, such as, National College Amb, District Una and Sant Dangawala Gujjar College, Beetan, District Una etc., services of many teachers who were not covered under 95% grant -in -aid policy, were also taken over by the Government. To illustrate, she is relying upon Annexures P -20 and P -22 filed along with the rejoinder, which reveal that services of Mrs. Rekha Sharma, Lecturer in Physics and Mr. Darshan Kumar, Lecturer in Chemistry of National College, Amb who were not covered under grant -in -aid policy, were taken over. Reliance is further placed on Annexure P -24 to show that various other members of the staff of privately managed Colleges taken over by the Government at Joginder Nagar, Nerwa, Nurpur, Beetan and Jaisinghpur were also taken over, despite the fact that they were not covered under 95% grant -in -aid policy. As regards the third objection, the petitioner contends that since her initial appointment was through a duly constituted Selection Committee as per UGC/H.P. University norms and was duly notified to the Director of Education and Registrar of H.P. University and was never objected from any quarter, it cannot be said that her appointment was "in excess of norms of strength of College and were paid fixed salary/consolidated amount." It is also the case of the petitioner that her recruitment was need based for teaching classes duly approved by the University and the Education Department. It is further emphasized that classes in Commerce stream were being taught at the time of takeover of the College and she was one of the staff members in that stream.