Sandeep Sharma, J. (Oral)

Precisely the grouse of the petitioner, who at present is working as Guest Faculty in the Department of Forest Products at Dr. Y.S. Parmar University of Horticulture and Forestry (respondent No.1), is that though at the time of her enrollment for Ph.D. Course (Forest Department), she was awarded marks for M.Sc in Botany, but now while considering her candidature for the post of Assistant Professor, Forest Products, she has not been awarded any marks for M.Sc in Botany, as a result thereof, she was not placed in merit prepared by the respondent-University for selection to three posts of Assistant Professors, Forest Products.

2. Precisely, the facts of the case, as emer ge from the pleadings adduced on record by the respective parties are that various posts of Assistant Professor/equivalent in different disciplines including three posts of Assistant Professor, Forest Products, (02 for General Category and 01 for SC Category), were advertised vide advertisement dated 9.6.2022 (Annexure P-4). Considering herself to be fully eligible, petitioner apptlied for the post of Assistant Professor, Forest Products, before expiry of last date of receipt of application forms. A Scrutiny Committee constituted in terms of provisions contained under Statute 4.5 (i) (b) scrutinized the application and found the petitioner alongwith other candidates eligible for the post in question. Interview for the post of Assistant Professor, Forest Products, was held on 19.9.2022, wherein petitioner appeared and produced all the relevant documents. Petitioner being fully eligible iwas expecting to be appointed against the post in question, but since her name did not figure in final merit list, she made enquires from the department.

3. Besides above, she also procured notified score card, on the basis of which, final selection is made, from where it transpired that petitioner herein was not granted any marks for M.Sc. Further, inquiry revealed that since petitioner has not done Master’s degree in Forest Products, same was not considered. In the afore background, petitioner has approached this Court in the instant Pproceedings, praying therein for following main reliefs:

“(i) Respondent University may kindly be directed to grant pro rata marks for M.Sc degree of the petitioner for the post of Assistant Professor, Forest Products as advertized vide advertisement dated 9.6.2022 Annexure P-4 with further directions to the respondent University to revise the result for the post in question and to make fresh recommendations and appointments to tthe post of Assistant Professor, Forest Products.

(ii) The reusult prepared by the respondent University for the post of Assistant Professor, Forest Products dated 11.10.2022 (Annexure P-5) in furtherance of the interview held on 19.9.2022, which is so annexed along with the petition (Annexure P-9), may kindly be quashed and set aside, qua the post of Assistant Professor (Forest Products).

(iii) Respondent University may kindly be directed to offer appointment to the petitioner for the post of Assistant g Professor, Forest Products from the same date when the similarly situated persons were offered appointments, with all consequential benefits, like, pay, arrears, seniority etc. etc.

(iv) Respondent University may kindly be directed to grant marks to the petitioner for her M.Sc degree for the post of Assistant Professor, Forest Products in future also and more particular for the interview which would be conducted in furtherance of Advertisement dated 12.8.2022 Annexure P-8 in the interest of law and justice.”

4. I have heard the learned counsel for the parties and gone through the records of the case.

5. It is admitted case of the parties that at present petitioner is working as Guest Faculty with the Department of Forest Products.

It is also not in dispute that after her having done M.SPc in Botany, petitioner herein was enrolled for PhD in the subject of Forest Products. As per reply filed by the respondent