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2022 Supreme(HP) 75
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sabina, Satyen Vaidya, JJ.
Ajay Sharma, Son Of Late Shri K. C. Sharma - Appellant
Versus
Dr. Yashwant Singh Parmar University Of Horticulture & Forestry And Ors. – Respondents
Letters Patent Appeal No. 124 of 2014
Decided On : 02-04-2022
Subject
Employment Law - Recruitment and Selection
Headnote
Process Of Selection - Lacked Prescribed Essential Qualifications - Grievance of petitioner was that respondents No. 3 to 5 lacked prescribed essential qualifications - Neither their degrees in Ph.D nor National Eligibility Test were in concerned discipline/subject - According to petitioner, he was the only candidate, who had done his M.Sc and Ph.D thesis in Forest Entomology - It was contended by petitioner that respondents No. 3 and 4 had their Ph.D thesis in Toxicology and Nematology respectively and respondent No. 5 was Ph.D in Acarology, which were un-related to discipline/subject of Entomology and Apiculture - Whether respondents No. 3 to 5 were eligible in terms of prescribed qualifications.
Finding of the Court:
Petitioner has also not been able to show any rule or regulation adopted by University to provide credence to contention that “discipline/specialization” mentioned in advertisement had to be considered only in respect of particular specialized subject and not discipline of Entomology and Apiculture - Petitioner was fully aware or otherwise should have been vigilant enough to appreciate respective subjects in which private respondents had their Ph.D degrees - That being so, petitioner should have challenged proceedings of Selection Committee before participating in further process of selection - Petitioner seemingly participated in entire selection process and then turned around to challenge same - Such conduct of petitioner cannot be approved.
Result: Appeal dismissed.
Advocate Appeared:
For the Appellant :Ms. Shalini Thakur, Advocate
For the Respondent:Sh. Avinash Jaryal, Advocate, Sh. Dilip Sharma, Sr. Advocate With Sh. Manish, Shrma, Advocate
JUDGMENT :
Satyen Vaidya, J.
Dr. Yashwant Singh Parmar University of Horticulture & Forestry, Nauni, District Solan, H.P. (for short the University), issued advertisement No.07 of 2008 dated 6.8.2008, (for short, “advertisement”), inviting applications for 46 posts of Assistant Scientist/Assistant Professor/Assistant Extension Specialist/Equivalent in the UGC Scale of 8000- 13500 in various disciplines, including Entomology and Apiculture. The subject matter of present lis pertains only to two posts advertised in the Department of Entomology and Apiculture and one post in Forest Plant Protection Unit (hereafter referred to as posts in question).
2. Qualifications for the post of Assistant Scientist/Assistant Professor/Assistant Extension Specialist/ Equivalent were prescribed as under :-
“for the post of Assistant Scientist/Assistant Professor/Assistant Extension Specialist/ Equivalent
(i) Ph.D. Degree in the concerned subject, relaxable to Master’s Degree with consistently good academic record i.e. 55% marks at Master’s level.
(ii) A relaxation of 5% from 55% of marks at Master’s level shall be provided to SC/ST categories.
(iii) A relaxation of 5% will be provided from 55% of marks to the Ph.D. degree holders, who have passed their masters degree prior to September, 1991.
(iv) Candidates should have qualified National Eligibility Test (in the particular discipline/ subject) conducted by the UGC, CSIR or similar test accredited by the UGC/ICAR.
(v) B in the 7 point scale with letter grades, O, A, B, C, D, E & F shall be regarded as equivalent to 55% wherever the grading system is followed”.
3. The appellant (hereinafter referred to as petitioner) along with others submitted their respective applications for the posts in question. Screening Committee constituted by the University prepared the lists of eligible candidates on the basis of prescribed objective criteria. 39 candidates including petitioner were found eligible for two posts in the Department of Entomology and Apiculture and total 19 candidates were found eligible for one post in the discipline of Entomology in Forest Plant Protection Unit. Petitioner’s name found place in both the above said lists. The selection committees interviewed all the eligible candidates. Respondents no. 3 and 4 were selected in the department of Entomology and Apiculture and respondent No.5 was selected in Forest Plant Protection Unit.
4. Aggrieved against the afore said selections, petitioner preferred CWP No. 2103 of 2011, inter-alia praying for following reliefs: -
“a) This Hon’ble Court may kindly be pleased to quash appointment of respondents 3 to 5 as Assistant Professors in Entomology and Apiculture made vide orders dated 5.4.2010 appended with the petition as Annexure P-22, 23 & 24 by way of issuance of a Writ of Certiorari;
b) That this Hon’ble Court may be pleased to issue a writ of Mandamus directing respondents No. 1 & 2 to re-assess the merit of the candidates interviewed by them and also grant to the petitioner marks to which he is entitled to and thereafter offer appointment to the petitioner against the post of Assistant Professor in the Department of Entomology or Forest Protection Unit w.e.f.4.5.2010 i.e. the date on which respondents No. 3 to 5 were appointed against the said posts, with all consequential benefits.”
5. The grievance of the petitioner was that respondents No. 3 to 5 lacked prescribed essential qualifications. Neither their degrees in Ph.D nor National Eligibility Test (for short, “NET”) were in the concerned discipline/subject. According to the petitioner, he was the only candidate, who had done his M.Sc and Ph.D thesis in Forest Entomology. It was contended by the petitioner that respondents No. 3 and 4 had their Ph.D thesis in Toxicology and Nematology respectively and respondent No. 5 was Ph.D in Acarology, which were un-related to the discipline/subject of E
