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2021 Supreme(P&H) 1534

H.S.MADAAN
Pooja Rani – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. R.K. Malik, Sr. Advocate with Mr. Sandeep Dhull, Advocate for the Appellant; Mr. Sharad Aggarwal, AAG, Haryana. Mr. Rajesh K. Sheoran, Advocate for respondents No.3 and 4. Mr. Digvijay Singh, Advocate for respondents No.5 and 6, for the Respondent

JUDGMENT

H.S. Madaan, J. - Case taken up through video conferencing.

Briefly stated facts of the case, which are not much in dispute by either of the parties are that, Maharana Partap National College, Mullana, District Ambala, Haryana, a Government Aided Private College had advertised one post of Assistant Professor (Hindi); a duly constituted Selection Committee having nominee of the University and Government after conducting interview had selected following candidates in order of merit; (i) Dr. Manoj Kumar (ii) Dr. Pooja Rani (present petitioner) and (iii) Dr. Nirmala; requisite approval was obtained from University and Government and Dr. Manoj Kumar, who was on the top in the merit was offered appointment and he joined as Assistant Professor (Hindi) on 15.02.2020; unfortunately, Dr. Manoj Kumar expired on 10.05.2020; according to the petitioner, she being second in order of merit should have been offered appointment on account of arising of vacancy due to untimely death of Dr. Manoj Kumar because in terms of Haryana Govt. instructions issued on 03.03.1999 (Annexure P-3) and 25.06.2019 (Annexure P-4) if during the validity of the select list, post fall vacant due to resignation or

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