Punjab-Haryana High Court
Date Of Decision:03.09.2013 vs Guru Jambheshwar University Of on 3 September, 2013
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
Kumar Vinod
2013.09.07 13:59
I attest to the accuracy and
integrity of this document
Chandigarh
CWP No.1677 of 2013 (O&M) [1]
*****
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.1677 of 2013 (O&M)
Date of decision:03.09.2013
Rajesh Kumar ...Petitioner
Versus
Guru Jambheshwar University of
Science and Technology and another ...Respondents
CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain
Present: Mr. K.B.Raheja, Advocate,
for the petitioner.
Mr. Ramesh Hooda, Advocate,
for the respondents.
*****
RAKESH KUMAR JAIN, J.
The petitioner is a B.Tech and M. Tech. He was appointed as a Lecturer in Food Technology on contract basis by the Director, Technical Education, Haryana, Chandigarh, on 19.11.1999. After advertisement of the regular post of Lecturer in Technical Education department, the petitioner took the competitive examination held by the Haryana Public Service Commission and after having been selected, appointed as a regular Lecturer in Food Technology on 15.11.2000. The petitioner is now working as a Lecturer in Government Polytechnic, Mandi Adampur, District Hisar and his post comes in the category of Group-B Gazetted Officer.
The respondent-University started admission in Pre-PHD course for the session 2012-13. Four seats were advertised in the subject of Kumar Vinod 2013.09.07 13:59 I attest to the accuracy and integrity of this document Chandigarh CWP No.1677 of 2013 (O&M) [2] ***** Food Technology. One scholarship was also kept for the student of PH.D. in Food Technology. The relevant criteria for qualification for admission for the aforesaid course, as mentioned in Clause 4.2 of Chapter 7, is reproduced as under:-
"4.2 Procedure of Relaxation in Pre.PH.D. Course:-
The Managers, Senior Scientist, Senior
Administrators/Corporate Officers/Officers Working in
various industries/institution of National repute may apply for relaxation of one semester Pre.Ph.D. Course subject to the following conditions:-
i) Such candidate should have minimum 5 years working experience of the supervisory nature in an industry/institution of National repute and they will be required to submit no objection certificate and experience certificate from their employers along with their application form meant for Entrance Test for admission to Pre.PH.D. Course.
ii) The exemption from the Pre.PH.D. Course will be given only on some limited seats with the prior approval of the Vice-Chancellor subject to availability of guide/supervisor for such candidates in that department.
iii) These seats would be of supernumerary nature and limited in number. Further, the candidates of this category will compete with each other for admission against this category i.e. separate merit list will be drawn from them without requirement of minimum qualifying marks.
iv) Admission of such candidates will be through Entrance Test to be conducted by the department. Further, they will qualify Pre.PH.D. Examination along with the other regular candidates.
v) The candidate seeking exemption from the Pre.PH.D. Kumar Vinod 2013.09.07 13:59 I attest to the accuracy and integrity of this document Chandigarh CWP No.1677 of 2013 (O&M) [3] ***** Course of one semester will be required to undergo for a 15 (fifteen) days course of Pre.PH.D. Syllabi. It will be conducted by all the teaching departments, any time at a stretch during the period of Pre.PH.D. course work of six months latest by 31 May of the year.
vi) Provided further, if a candidate admitted under the category opts to undergo full Pre.PH.D. course of one semester he/she will have to produced a relieving certificate from the employer, as the other candidates do for this purposes.
vii) It will be clearly mentioned on the degree whether the same has been awarded in accordance with the UGC guidelines or not. Say year, no. (strike which is not applicable). It will be mentioned clearly on the degree that the person has been awarded degree by attending 15 (fifteen) days capsule course or Pre.PH.D. of six months duration."
The petitioner qualified the written test and became eligible to be admitted in the Pre.PH.D. course in the stream of Food Technology but when he went for counselling, he was told that his case does not fall within the relaxation of Pre.PH.D. course as his job as a Lecturer does not come within the provisions mentioned in Clause 4.2.
Counsel for the petitioner has submitted that the petitioner is a Gazetted Officer as per certificate issued by the Principal of Government Polytechnic, Mandi Adampur dated 03.01.2013 and is, thus, covered by Clause 4.2.
After notice, reply has been filed by the respondents in which it is averred that as per Clause 7 of the prospectus, there are 3 categories for admission in Pre.PH.D. course. The first category belongs to the students Kumar Vinod 2013.09.07 13:59 I attest to the accuracy and integrity of this document Chandigarh CWP No.1677 of 2013 (O&M) [4] ***** and other applicants who do not belong to other two categories. The second category is of the regular teachers of Guru Jambeshwar University of Science and Technology and foreign students and the candidates who have qualified JRF (valid) conducted by the UGC/CSIR/DBD/DST and ASRB. The candidates seeking admission in the second category are not required to appear in the entrance test. The third category is of the Managers, Senior Scientists, Senior Administrators, Corporate Officers and the Officers working in various industries/institutions of national repute. The candidates in the third category are required to appear in the entrance test and to compete with the other candidates belonging to this category. The seats of this category are of supernumerary in nature. The duty of this managerial post should be main in nature and not ancillary attached with the post, whereas the main duty of the post of Lecturer is neither managerial in nature nor supervisor and hence, the case of the petitioner was rejected as he does not fall within Clause 4.2. It is also averred that the institute where the petitioner is working is not of national repute. The respondents have also referred to Ordinance 7 comprising of Clause 1, 2, 3 and 4.1 pertaining to Ph.D. course laying down the academic eligibility and procedure for admission. The process under which the case of the petitioner has been examined by the answering respondents has also been mentioned in the reply and it was opined that the case of the petitioner does not fall within Clause 4.2 for the purpose of relaxation.
The petitioner had also filed rejoinder making a reference to various other candidates who have been acknowledged by the respondents Kumar Vinod 2013.09.07 13:59 I attest to the accuracy and integrity of this document Chandigarh CWP No.1677 of 2013 (O&M) [5] ***** falling within Clause 4.2.
I have heard learned counsel for the parties and perused the record.
Counsel for the petitioner has submitted that his only case is that he is a Group-B Gazetted officer and is covered under Clause 4.2. However, a bare look at Clause 4.2, which has been reproduced here-in- above, would show that it pertains to the Managers, Senior Scientists, Senior Administrators, Corporate Officers and the Officers working in various industries/institution of National repute. It does not talk of the Lecturer who may be a Gazetted officer and cannot be equated with the Senior Administrator, which is a class apart. The petitioner is neither a Manager, Senior Scientist, Corporate Officer or the Officer working in industry/institution of national repute and of course not a Senior Administrator. Thus, he cannot claim relaxation as provided in Clause 4.2 of Chapter 7.
In view of the aforesaid discussion, I do not find any merit in the present petition and hence, the same is hereby dismissed.
September 03, 2013 (Rakesh Kumar Jain) vinod* Judge