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2024 Supreme(Del) 860

C. HARI SHANKAR, TUSHAR RAO GEDELA
KAMLA NEHRU COLLEGE – Appellant
Versus
INDERJEET SINGH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Umesh Sharma
For the Respondents: Colin Gonsalves, Ravish Kumar Goyal, Vikas Sharma, Atul Srivastav, Harish Kumar, Naresh Kumar, Prafull Singh Thakur

JUDGMENT :

C. HARI SHANKAR, J.

1. At the outset, we must observe, with some disquietude, that the appellant Kamla Nehru College [“the College” hereinafter] before this Court in LPA, is adopting a stand which is directly opposed to the stand adopted by it before the learned Single Judge.

2. Para 7 of the impugned judgment of the learned Single Judge reads thus:

    “7. Ms. Kaul in her usual fairness submits, on instructions, that recommendation for selection of the Petitioner was justified as neither the advertisement nor UGC Regulations, on which the advertisement is based, mandate a Ph.D. degree for the post in question and a candidate possessing either a Master’s degree with - 55% marks and having cleared NET ‘or’ a Ph.D. degree is eligible and in this light the dissent was wrong. From the documents handed over, it is pointed out that the Governing Body of the College has noted under Item No. 4 in the meeting of the Governing Body held on 27.05.2024 that the dissent was in apparent contradiction with the selection of the Unreserved candidate, who also did not possess a Ph.D. degree and that too, by the same Selection Committee. Ms. Kaul is also unable to point out any Ordinance in refere

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