SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(P&H) 1060

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY VASHISTH, J.
Dr. Mohanmeet Khosla – Petitioner
Versus
Panjab University, Chandigarh & Ors. – Respondents
CWP-30348 of 2019 (O&M)
Decided On : 25-06-2024

Advocates Appeared:
Mr. R.S. Khosla, Senior Advocate, with Mr. Aman Sharma, Advocate; For the Petitioner
Mr. Suvir Sidhu, Advocate, Mr. Gursher Singh Dhillon, Advocate, and Mr. Jashan Bains, Advocate, for Respondent Nos. 1 and 2.
None for Respondent No. 3 - Ms. Sumedha Singh, (earlier, Ms. Mahima Singh, Advocate, had been appearing on her behalf).

The court affirmed that the rotation of headship in university departments must be strictly followed, prohibiting any individual from serving a second term until all eligible candidates have been designated.

Headnote:(A) Panjab University Calendar, Volume III - Rules 2.1, 2.3, and 2.4 - Writ petition for quashing designation of Chairperson/Head of the School of Communication Studies - Court held that rotation of headship must be strictly followed as per rules, and the petitioner cannot claim a second term until all eligible candidates have been considered - Petition dismissed. (Paras 20, 30, 32)

(B) Interpretation of Rules - The court emphasized that the designation of Chairperson/Head is not a promotion but a rotational assignment, and the rules must be adhered to in their entirety. (Paras 21, 24)

JUDGMENT

Sanjay Vashisth, J.

Present writ petition has been filed by Prof. (Dr.) Mohanmeet Khosla, for quashing of the order dated 20.09.2019 (Annexure P-4), vide which Ms. Sumedha Singh (respondent No. 3), Assistant Professor, has been designated as "Chairman/Head of the School of Communication Studies", Sector 14, Chandigarh, for three years w.e.f. 2019, by respondent Nos. 1 and 2, i.e. Panjab University, Chandigarh.

2. Petitioner has pleaded that designation of respondent No. 3 as 'Chairperson/Head of the School of Communication Studies', is in contravention with Rules 2.1, 2.3 and 2.4 of Chapter - LII of the Panjab University Calendar, Volume III.

3. Further pleaded and prayed that a direction be issued to designate/appoint the petitioner as 'Chairperson/Head of the School of Communication Studies', for the stipulated period of three years.

4. Order dated 20.09.2019 (Annexure P-4), which was sought to be quashed, at the first instance, while filing the present writ petition, is reproduced here under:-

" Panjab University (Chandigarh)

No. 8535-45/E517

Date 20/09/2019

Office Order

    The Vice-Chancellor has designated Ms. Sumedha Singh, Assistant Professor, Chairperson/ Head of the School of Communication Studies, for three years w.e.f. 2019, under Rule rotation of headship given at pagers 695-696, P.U. Cal, Vol. LIII, 2016.

    The present Chairperson of the Department may kindly hand over the charge xxxx Department to his/her successor, on the last working day (afternoon) of her tenure.

    Further, The Vice-Chancellor has allowed Dr. Arijit Dakshi, Assistant Professor to continue as Chairperson/Head of the Department of German for the period of next three years w.e.f. 1.10.2019 or till the next person eligible in the department, under Rule rotation of headship given at pages-695-696, P.U. Cal. LIII, 2016.

Sd /-

Deputy Registrar (Estt.)"

5. However, during the pendency of the writ petition, respondent No. 3 - Ms. Sumedha Singh, Assistant Professor, had completed her fixed term of three years as 'Chairperson/Head of the School of Communication Studies', which resulted into the passing of another order, bearing No. 6470-83/Estt.-I, dated 07.09.2022 (Annexure P-12), vide which Ms. Bhavneet Bhatti (respondent No. 4), Assistant Professor, has been designated as 'Chairperson/Head of the School of Communication Studies', for three years w.e.f. 01.10.2022, by respondent Nos. 1 and 2.

6. Order dated 07.09.2022 (Annexure P-12), has been placed on record subsequently by the petitioner, alongwith Civil Miscellaneous Application No. 7007 of 2023, under Order I Rule 10 read with section 151 CPC, vide which impleadment of Ms. Bhavneet Bhatti, Assistant Professor, as respondent No. 4 in the present proceedings, was sought. The said application was allowed vide order dated 18.10.2023, passed by a Co-ordinate Bench of this Court, and Ms. Bhavneet Bhatti, Assistant Professor, was arrayed as respondent No. 4 in CWP No. 30348 of 2019.

For ready reference, order dated 07.09.2022 (Annexure P-12), vide which Ms. Bhavneet Bhatti (respondent No. 4), Assistant Professor, has been designated as 'Chairperson/Head of the School of Communication Studies', is also reproduced here under:-

"Panjab University (Chandigarh)

No. 6470-83/Estt.-I

Dated 7/9/2022

Office Orders

    The competent authority has allowed Dr. Arijit Dakshi, Assistant Professor to continue as Chairperson/Head of the Department of German, P.U., for the period of next three years w.e.f. 01.10.2022 under Rule given at pages - 714-715 of P.U., Calender III, 2019.

    Further, the competent authority has designated Ms. Bhavneet Bhatti, Assistant Professor as Chairperson/Head of the School of Communication Studies for three years w.e.f. 01.10.2022, under Rule given at pages - 714-716 of P.U. Calender III, 2019.

    The present Head of the Department may kindly hand over the charge of the Department to his/her successor.

Sd/- 7/9/2022

Assistant Registrar (Estt. - I)"

7. Before proceeding for examining the facts and relevant sta


                                              Click Here to Read the rest of this document
                                              1
                                              2
                                              3
                                              4
                                              5
                                              6
                                              7
                                              8
                                              9
                                              10
                                              11
                                              SupremeToday Portrait Ad
                                              supreme today icon
                                              logo-black

                                              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                              Please visit our Training & Support
                                              Center or Contact Us for assistance

                                              qr

                                              Scan Me!

                                              India’s Legal research and Law Firm App, Download now!

                                              For Daily Legal Updates, Join us on :

                                              whatsapp-icon Back to top