LALIT SHARMA Vs. SKUAST

JUDGEMENT

(1.) Petitioners 1, 2 and 4 were engaged as Field-cum-Laboratory Assistants (in short FCLA), on adhoc basis. So far as petitioner no.3 is concerned, he was engaged as Computer Assistant. The said arrangement was initially for a period of 89 days and, later on extended from time to time with one days' break on the expiry of the said period. The dates on which the said petitioners were so engaged, have been reflected in the writ petition. The initial engagement of the petitioner no.1 has been shown as 19.11.2004, petitioner no.2 as 04.12.206, petitioner no.3 as 20.07.2007 and that of petitioner no.4 as 03.10.2007.

(2.) The case set up by the petitioners is that vide notification No.01(Est.) of 2008 dated 15.02.2008, applications were invited by the official respondents for filling up different posts including the posts of FCLAs and Computer Assistant. Petitioners 1,2 and 4, in response to the said notification applied for the post of FCLAs and petitioner no.3 applied for the post of Computer Assistant, as they had the experience of working against the said posts even though on adhoc basis. The minimum qualification prescribed for the post of FCLA was 10+2 Science group with 50% marks and preference was to be given to those having one year's training from a recognized institute of Agriculture/Horticulture and allied fields or B.Sc. So far as the post of Computer Assistant is concerned, the minimum qualification prescribed was Graduate with one year's diploma course from a recognized Institute or B.Sc. (Computer Science) or its equivalent. Interview was conducted by the official respondents but later on vide notification no.06 (EST) of 2008 dated 16.12.2008, it was notified that interview conducted in pursuance to the earlier notification dated 15.02.2008, would be deemed to have been cancelled. Applications for filling up different posts were invited afresh. However, those candidates who had already applied in pursuance to the earlier notification were required not to apply afresh.

(3.) The petitioners have challenged their non selection on different grounds as taken in the writ petition. It is urged that the post of FCLA falls in Chapter III Class III, Category 1. Statute 15 under Chapter III deals with the recruitment of employees other than the officers and teachers of the University. In terms of part (b) (i) of Statute 15, the applications received in response to the advertisement notification are to be screened in the office of the University and the Vice Chancellor who is the final authority to select the candidates after screening for the purpose of inviting them for interview. Instead, all the applicants were invited to go through a written test for screening which is not provided in the Statute and those who qualified the said test were called for interview.