2006 UAD 550
UTTARANCHAL HIGH COURT
Hon'ble Mr. Justice P.C. Verma & Mr. Justice B.C. Kandpal
Sunil Singh – Petitioner
Versus
State of Uttaranchal & Ors. -Respondents
Civil Writ Petition No. 353 (S/B) of 2003
Decided on : 8.2.2006
By Means of this Writ petition (he petitioner has sought the relief to issue a writ. order or direction in the nature of certiorari to quash the' impugned order dated 3.07.2003, Annexure No.8, to the writ petition, passed by the respondent No.3.
2. The impugned order dated 3.7.2003 reads as under :Office of the chief Personnel Officer, G.B. Pant University of Agriculture & Technology, Pant Nagar 2773145, District Udham Singh Nagar.
No. PMS (A) C-V/3924 Dated: July 3, 2003
Office Order
In pursuance of the instructions of the State Govt. vide letter No. 71/Krishi Evam Jaiagam/2003 dated 26.6.2003, the appointment of Mr. Sunil Singh, Asstt. Professor, Department of Electrical Engineering, College to Technology is hereby withdrawn on the ground that he docs not belong to SC category of the State of Uttaranchal. Accordingly the services of Mr. Sunil Singh son of Sri Babu Lal is hereby dispensed with immediate effect.
Sd/S.N. Maurya,
Chief Personnel Officer,
for -Vice-Chancellor."
2. The petitioner was appointed as Assistant Professor, Department of Electrical Engineering, College of Technology, in the G.P. Pant University, Pant Nagar, District Udham Singh Nagar. The post of Assistant Professor was advertised on 20-7-2002 in the employment news, inviting applications for appointment on all India basis. The petitioner appeared in the examination and he was appointed on the post of Assistant Professor. Electrical Engineering: The petitioner is a scheduled caste candidate and belongs to State of Uttar Pradesh. He is Chamar by caste. He is scheduled caste in the schedule of State of U.P. as well as State of Uttaranchal. It is evident from Part-XXIV of the Fifth Schedule 'appended to the Uttar Pradesh Reorganization Act, 2000, at serial No. 24 'Chamar' has been shown to be the scheduled caste. The advertisement very specifically states that the applications are invited from the deserving candidates from all over the country for the posts advertised and fee for the S.C. and ST. candidates was prescribed only Rs. 200/- while for the general candidates it was Rs. 500/-. The relevant extract of the advertisement is reproduced as under:
"G.B. Pant University of Agril. & Technology, Pant Nagar,-263145, District Udham Singh Nagar (Uttaranchal) Employment Notice No. A-1/2002
Applications are invited from the deserving candidates all over country for the following posts on the proforma given below (to be typed on A-4 size paper ). For each post separate application alongwith all documents and the prescribed application fee of Rs. 500/- (Rs. 200/for SC/ST candidates) through University Cash receipt or crossed Bank Draft drawn in favour of COMPTROLLER, G.B. PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY payable at State Bank of India, Pantnagar (Branch Code No. 1133) should be sent to Chief Personnel Officer (Recruitment Section) of the University latest by• 19-6-2002. The application fee is not refundable in any case.
Incomplete applications and applications received after due date will not be accepted. The minimum eligibility qualifications of candidate win be determined on the closing date of receipt of applications.
Pay scales: Professor: Rs. 16,400.-22,400, Associate Professor : 12000-18300, Assistant Professor/Assistant Director Physical Education/Assistant Librarian Rs. 800.0./13,500.
N.E.T. for Assistant Professors Only: Preference will be given to the candidates who have qualified NET or equivalent examinations conducted by UGC/CAR or some other Central Agency. However, in case NET qualified candidates are not available the eligibility shall be open to other candidates also.
Reservation: The vacancies are advertised under the reservation roster supplied by the Uttaranchal Govt.
For Horizontal Reservation: If no candidate is available or not found suitable against the post earmarked under the horizontal reservation, the post shall be filled through suitable candidate of the original category. However, incase the post remains vacant, it s
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