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2022 Supreme(P&H) 2227
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Lisa Gill, J.
Nirmala – Appellant
Versus
State Of Haryana & Ors. – Respondents
CM-5513-CWP-2022 in/and CWP-24907-2021 (O&M)
Decided On : 18-04-2022
State of Haryana and others, for the Appellant.
The main legal point established in the judgment is that a petitioner's subsequent fulfillment of eligibility qualifications does not entitle them to be treated as a Displaced Extension Lecturer if specific provisions of the governing policy do not support such treatment.
Headnote:
Extension Lecturer - Adjustment of Displaced Extension Lecturers - Haryana Education (College Cadre) Group B Service Rules - Policy dated 04.03.2020 - CWP-15908-2016, CWP-16975-2014, CWP-20767-2017 - Suman Devi Vs. State of Haryana and others - Rita Tandon Vs State of Haryana and others - Anita Vs State of Haryana and others
Fact of the Case:
The petitioner sought re-engagement as an Extension Lecturer (Physics) and adjustment on the post against unmet/vacant workload. The petitioner was appointed as an Extension Lecturer but was relieved from service due to less workload. The petitioner's previous writ petition was disposed of in 2016, and the present petition was filed in 2021 seeking re-adjustment. The petitioner argued that she is entitled to be treated as a Displaced Extension Lecturer and fulfilled all eligibility conditions as per applicable Rules.
Finding of the Court:
The court found that the petitioner was not NET qualified and did not possess a Ph.D. degree at the time of appointment. The court noted the policy dated 04.03.2020, which governs the appointment of Extension Lecturers and provides specific eligibility criteria. The court rejected the argument that the petitioner, by virtue of a court order, becomes a protected candidate and is not required to fulfill the applicable eligibility conditions. The court also dismissed the argument that the petitioner's subsequent Ph.D. degree should entitle her to be treated as a Displaced Extension Lecturer.
Issues: The issues included the petitioner's eligibility as a Displaced Extension Lecturer, the validity of the policy dated 04.03.2020, and the alleged discrimination between eligible and ineligible candidates.
Ratio Decidendi: The court held that the petitioner's argument of being a Court protected candidate and entitled to be treated as a Displaced Extension Lecturer was unsustainable. The court also rejected the argument that the petitioner's subsequent fulfillment of eligibility qualifications should entitle her to be treated as a Displaced Extension Lecturer. The court emphasized the specific provisions of the policy dated 04.03.2020 and the lack of objection raised by the petitioner after the disposal of the previous writ petition.
Final Decision: The writ petition was dismissed, and the court held that there was no ground for interference. The petitioner was allowed to apply for engagement as an Extension Lecturer in terms of the policy dated 04.03.2020.
JUDGMENT
Lisa Gill, J. - CM-5513-CWP-2022
1. Prayer in the application is for placing on record Ph.D degree dated 16.03.2022 of the petitioner as Annexure P15. Same is taken on record subject to just exceptions.
2. Application is disposed of.
CWP-24907-2021 (O&M)
3. Prayer in this writ petition is as under:-
' For issuance of a writ in the nature of mandamus by directing respondents to consider the claim/candidature of petitioner for re-engagement/adjustment on the post of Extension Lecturer (Physics) in the colleges of respondents No.3 to 6 against the unmet/vacant workload/post by giving Right of Equity as per Articles 14 & 16 of the Constitution of India and thereafter, allow the petitioner to work continue till the function of the post is subsist or regular selection is made, as per law laid down by this Hon'ble Court in the earlier litigation of the present petitioner vide order/judgment dated 08.08.2016/29.07.2016 [Annexure P-3] as well as in numerous other cases viz. judgments dated 25.01.2018 and 16.07.2020 [Annexure P-6 & P-8].
AND/OR
Further issue a writ in the nature of mandamus by directing respondent No. 2 to accept the candidature of the petitioner as Extension Lecturer [Physics] and adjust /re-join her against the unmet/vacant workload/post in other nearby Govt. College(s) if unmet/vacant workload is not available in the colleges of respondent No. 3 to 6.
AND/OR
Issue any other appropriate writ, order or direction which this Hon'ble Court may deem fit in peculiar facts and circumstances of the case."
4. Petitioner, it is pleaded, was appointed as an Extension Lecturer (Physics) by a duly constituted Selection Committee of respondent No. 3. Though no appointment letter is stated to have been issued, petitioner joined her duties on 31.08.2015. However, she was relieved from service due to less workload on 09.04.2016. It is submitted that petitioner also worked as part time Lecturer in a Government aided college from 09.08.2017 to 21.04.2018 and from 24.01.2019 to 06.04.2019. Petitioner had admittedly not cleared NET or secured Ph.D. CWP-15908-2016 filed by the petitioner was disposed of in terms of decision dated 29.07.2016 in CWP-16975-2014 (Mrs. Rita Tandon versus State of Haryana and others) wherein it was directed that it shall be open to the Government to engage the petitioners therein who were NET qualified to the exclusion of others and that in case, NET qualified candidates were not available in response to advertisement inviting applications for Extension Lecturer to the extent of vacancies notified, the petitioners therein who did not possess NET certificates would have a right to continue as Extension Lecturer provided their work, conduct and performance was satisfactory. It is further observed in order dated 29.07.2016 that in case where disengagement/cessation of work has taken place and NET qualified Extension Lecturers are not available, Government would consider their cases for recall in current/next session, as the case may be.
5. Petitioners' writ petition was admittedly disposed of on 08.08.2016 as mentioned above. Petitioner was thereafter not adjusted as an Extension Lecturer by the respondent - authorities. It is to be noticed that the present writ petition has now been filed in December, 2021 seeking re-adjustment as an Extension Lecturer with a representation stated to have been submitted by the petitioner on 08.09.2021.
6. Learned counsel for the petitioner has argued that in view of order dated 08.08.2016, petitioner is a Court protected candidate and is entitled to be treated as a Displaced Extension Lecturer even in terms of policy dated 04.03.2020. It is further submitted that in view of judicial order in petitioner's favour, it is not open to the respondent - authorities to ignore the petitioner's case. Furthermore, petitioner, it is stated, has now her secured Ph.D. degree and fulfils all the eligibility conditions as per applicable Rules i.e. Haryana Education (College Cadre) Group B Service Rul
