IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjay Kumar, J.
Deepa - Appellant
Versus
State Of Haryana And Others - Respondent
Civil Writ Petition No. 11947 of 2017
Decided On : 26-11-2019
Selection Committee - Assistant Professor (Forensic Science) - Statute 22(A) - Academic Record and Experience, Research Performance, Interview and presentation - The court found that the constitution of the Selection Committee was not in accordance with the norms and the selection process was flawed. The decision dated 10.3.2017 was set aside, and the University was directed to constitute a new Selection Committee for a fresh assessment of the candidates.
Fact of the Case:
The petitioner applied for the post of Assistant Professor (Forensic Science) reserved under the Backward Class (Block-A) category at Maharishi Dayanand University, Rohtak. After completion of the selection process, the University decided that no one was suitable for the post. The petitioner challenged this decision, alleging improper constitution of the Selection Committee and arbitrary selection process.
Finding of the Court:
The court found that the constitution of the Selection Committee was not in accordance with the norms and the selection process was flawed. The decision dated 10.3.2017 was set aside, and the University was directed to constitute a new Selection Committee for a fresh assessment of the candidates.
Issues: Improper constitution of the Selection Committee, arbitrary selection process, denial of marks for academic achievements
Ratio Decidendi: The court held that the constitution of the Selection Committee was not in accordance with the norms, and the selection process lacked proper assessment of the candidates' qualifications and performance.
Final Decision: The decision dated 10.3.2017 was set aside, and the University was directed to constitute a new Selection Committee for a fresh assessment of the candidates.
JUDGMENT
Sanjay Kumar, J. - Pursuant to Advertisement No. PR-70 of 2016 issued by Maharishi Dayanand University, Rohtak, the second respondent herein, the petitioner aspired for the post of Assistant Professor (Forensic Science) in its Department of Genetics. This post was reserved under the category Backward Class (Block-A). After completion of the selection process, the University decided that no one was suitable for the post, vide proceedings dated 10.3.2017 (Annexure P-18). Assailing this decision and seeking consequential relief, the petitioner filed the present case.
2. The petitioner acquired a Master's degree in Forensic Science from the second respondent University. She stood first in the University and was awarded a gold medal. The Certificates of Merit dated 8.3.2017 (Annexure P-4) and 23.4.2017 (Annexure P-5) issued by the second respondent University bear out the fact that the petitioner was awarded a gold medal in token of having secured the first position in the Master of Science (Forensic Science) examination held by the University in May, 2012. She admittedly belongs to a Backward Class community, falling under the category 'Block A'.
3. The subject advertisement was issued by the second respondent University, inviting applications from eligible candidates for appointment to various teaching posts. The petitioner was one amongst the candidates who applied for the subject reserved post of Assistant Professor (Forensic Science). Her name was shown in the list of eligible candidates dated 4.2.2017 (Annexure P-14), prepared by the Screening Committee constituted by the University. She was then called for an interview by the Selection Committee, along with other eligible candidates, on 10.3.2017. After completion of the interviews, the Selection Committee declared that no one was found suitable. Hence, this writ petition.
4. The petitioner assails the decision dated 10.3.2017 mainly on two grounds. Firstly, she would contend that the Selection Committee which interviewed the candidates was not constituted as per the relevant norms. Secondly, she would assert that the selection was undertaken in an arbitrary manner and she was not awarded requisite marks as per her entitlement. She would point out that no marks whatsoever were awarded to her for her presentation and interview and the Selection Committee blindly adopted the very same marks quantified by the Screening Committee, as set out in the eligibility list (Annexure P-14), which was for the limited purpose of screening candidates for the interviews.
5. The second respondent University filed its written statement through its Registrar. Therein, as regards constitution of the Selection Committee, he pointed out that the norms required participation of an academician representing the category to which the applicant belonged and as Professor J.P.Yadav, Head of the Department of Genetics, one of the members of the Selection Committee, belonged to OBC category, the requirement stood satisfied. He stated that the three subject experts in the Selection Committee had long experience and specialization in the subjects falling under the broader head of 'Life Sciences'. According to him, where research is an integral component of one's role and responsibilities, narrow specializations did not matter. He further stated that the field of Forensic Science draws from a number of scientific branches, including Genetics, Microbiology, Biotechnology Plants Science, Biochemistry, Human Genetics, Serology, Chemistry and Physics, and the subject experts on the Selection Committee were internationally well known in their respective fields. He elaborated on this aspect by pointing out that Professor Jai Rup Singh, Ex-Vice Chancellor, was known for his contribution in the field of Human Genetics and the use of DNA fingerprinting, while Professor R.C. Kuhad, Vice Chancellor, was known in the field of Microbes and Professor A.K. Pradhan had expertise in the field of Plant Genetics. He adm
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