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2019 Supreme(UK) 194

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAMESH RANGANATHAN, ALOK SINGH, JJ.
Dr. Aneeta Yadav - Petitioner
Vs.
Govind Ballabh Pant University of Agriculture and Technology, Pantnagar, Udham Singh Nagar and others. - Respondents
Writ Petition (S/B) No. 173 & 153 of 2018
Decided On : 22-02-2019

Advocates:
Advocate Appeared:
For the Petitioner:Mr. C.D. Bahuguna, learned Senior Advocate assisted by Mr. A.K. Verma, learned counsel, Mr. Vinay Kumar
For the Respondent:Mr. Rajendra Dobhal, learned Senior Advocate assisted by Mr. Devang Dobhal, learned counsel, Mr. Kartikey Hari Gupta, learned counsel, Mr. Vinay Kumar, learned counsel

Headnote:

Civil Suit – Powers of appointing authority – In the present case, the concerned matters were not for the Court – But for the Board of Management of the University, to examine – As it was the Board which was the appointing authority – And a decision in this regard could only be taken by them in accordance with law.

(Paras 45 to 55, 58 to 61, 62, 81, 83, 89, 90, 92 to 98)

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¼izLrj 45 ls 55] 58 ls 61] 62] 81] 83] 89] 90] 92 ls 98½

JUDGMENT :

RAMESH RANGANATHAN, J.

1. Writ Petition (S/B) No. 153 of 2018 is filed by Dr. Vineet Kumar seeking a writ of mandamus to direct the respondents to consider his candidature for appointment to the post of Assistant Professor (Genetics and Plant Breeding) in the College of Agriculture, Govind Ballabh Pant University against Employment Notice No. A-20/2015 dated 05.06.2015 in as much as he stood second in the select/recommendation list, and the appointment of the selected candidate had been found to be in violation of the conditions of the advertisement.

2. Writ Petition (S/B) No. 173 of 2018 is filed by Dr. Aneeta Yadav seeking a writ of certiorari to quash the orders dated 04.04.2018 and 14.09.2017 passed by respondent nos. 2 & 3 (the Additional Chief Personnel Officer and the Chancellor of Govind Ballabh Pant University) respectively; a writ in the nature of mandamus declaring that the resolution of the Board of Management dated 13.03.2018, contained in the impugned order dated 04.04.2018, stands vitiated for not adhering to the provisions of the ‘Act and Statute’ of the University, for non-application of mind to the facts and circumstances of the case, and for reproducing the views of the Chancellor, in order to remove the petitioner from service, without initiating disciplinary proceedings/inquiry in this regard; a writ of mandamus declaring Para 7 of the agreement/contract of employment as well as Section 4(e) (2) of Chapter XXV of the Statute of the University as illegal, irrational and arbitrary as it empowered the University to dispense with/terminate the service of any employee including a confirmed employee without any notice and without initiating disciplinary inquiry, even where the allegations of termination are founded on misconduct or commission of any act which, in the opinion of the Board, involved moral turpitude; a writ of mandamus to declare the ‘declaration’ part of the application form of the petitioner as illogical, irrational, unconscionable, arbitrary, illegal and opposed to public policy under Section 23 of the Indian Contract Act, 1872; for a writ of mandamus directing respondent nos. 1 to 4 not to interfere with the working of the petitioner as an Assistant Professor, Genetics and Plant Breeding, in the College of Agriculture, Govind Ballabh Pant University of Agriculture and Technology, Pantnagar, Udham Singh Nagar, and to permit her to work and continue as an Assistant Professor, Genetics and Plant Breeding in the College of Agriculture, G.B. Pant University, Pantnagar.

3. The petitioner in Writ Petition (S/B) No. 153 of 2018 is arrayed as the 5th respondent in Writ Petition (S/B) No. 173 of 2018. Both these writ petitions are, therefore, now being disposed of by a common order. Parties shall, hereinafter, be referred to as they are arrayed in Writ Petition (S/B) No. 173 of 2018. Both the petitioner and the fifth respondent submitted their applications seeking appointment to the post of Assistant Professors (Genetics and Plant Breeding) in the College of Agriculture of the respondent University. Pursuant to the Employment notice No. A-20/2015, published and advertised in the newspapers in June, 2015, the Govind Ballabh Pant University of Agriculture and Technology, Pantnagar, Udham Singh Nagar (hereinafter referred to as the “respondent-University”) invited applications from deserving candidates for several posts including the post of Assistant Professor, Genetics and Plant breeding, (College of Agriculture) which was reserved for candidates belonging to the Other Backward Classes (OBC) category. The petitioner applied for the post of Assistant Professor, Genetics and Plant breeding in the College of Agriculture, in the OBC category, on 18-06-2015. The Advertisement (Employment Notice No. A-20/2015) stipulated that candidates, who had applied earlier in response to the advertisement dated A-18/2011 dated 07.01.2012 for the posts included in the advertisement, need not pay the required applicat














































































































































































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