Violation of Articles 14 and 16 of the Constitution by the respondent-University in considering the qualification of M.A. Economics for the post of Assistant Professor in Haryana School of Business without giving wide publicity.

P.B. Bajanthri, J.

In the present petition, the petitioner has questioned the selection and appointment of respondents No.3 to 6 to the post of Assistant Professor in Haryana School of Business. Further he has sought for direction to make fresh selection amongst the candidates having the requisite essential qualification fulfilling the eligibility criteria.

2. The petitioner and respondents No.3 to 6 amongst others are candidates for the recruitment to the post of Assistant Professor in Haryana School of Business. Pursuant to the advertisement vide Annexure P-1, the respondent-University proceeded with the selection whereas respondents No.3 to 6 and others were selected and appointed to the post of Assistant Professor in Haryana School of Business. Thus, the petitioner is unsuccessful candidate for the post. Hence, the present petition.

3. Learned counsel for the petitioner submitted that he will give up his claim against respondents No.3 to 4 and 6. He would restrict his claim of selection and appointment to the post of Assistant Professor in Haryana School of Business only against respondent No.5.

4. Learned counsel for the petitioner submitted that petitioner is fully eligible for the post of Assistant Professor in Haryana School of Business. He had the essential qualification prescribed for the post i.e. Master degree in Business. Whereas respondent No.5 who has been selected and appointed, he had the qualification of M.A. Economics. M.A. Economics is not one of the qualification prescribed for the post of Assistant Professor in Haryana School of Business. Hence, consideration of his name by the University is contrary to the Rules of Recruitment. Therefore, his selection and appointment is liable to set aside. Consequently, vacancy against respondent No.5 is required to be filled up in accordance with the Rules of Recruitment governing the post among the eligible candidates.

5. On the other hand, learned counsel for University submitted that no doubt 5th respondent do not have the qualification prescribed for the post. However, he had the qualification of M.A. Economics which would fall under “In Relevant Management Related Discipline”. Further, learned counsel for the University relied on UGC regulation which also prescribed qualification which has been prescribed by the University for the purpose of appointment to the post of Assistant Professor in Haryana School of Business. Therefore, M.A. Economics is equated to that of “In Relevant Management Related Discipline”. It is further contended by the learned counsel for the University that large number of candidature with M.A. Economics has been taken into consideration and they have been selected and appointed like the 5th respondent who have not been arrayed as party to the proceedings. Thus, the petitioner has not made out a case against 5th respondent.

6. Learned counsel for the 5th respondent vehemently submitted that M.A. Economics subjects have been verified by the UGC, Indian Institute of Management, Lucknow and respondent-University wherein the M.A. Economics has been taken note of by the experts and they have given opinion which reads as under:-

Question	Reply
1	The relevance of subject of interdisciplinary nature of subject is required to be decided by the concerned appointing authority with the help of subject experts in the concerned/related field and as per their teaching requirements.
Query		Reply
Whether Economics, Commerce and Psychology are considered relevant discipline/subject for appointment to the post of Assistant Professor/Lecturer in Department of Management/Business Administration/School of Business in your University/Institution (IIM)		“Yes”

7. In view of the experts opinion by the competent authority like UGC, and the Indian Institute of Man