Delhi High Court
Dr. Deepak Singh vs Vice Chancellor, Jawahar Lal Nehru ... on 22 July, 2009
Author: Sunil Gaur
Bench: Sunil Gaur
* HIGH COURT OF DELHI : NEW DELHI
Judgment reserved on : July 14, 2009
Judgment delivered on: July 22, 2009
+ W.P. (C) No. 23457/2005
Dr. Deepak Singh ... Petitioner
Through: Mr. K.K. Rai, Senior Advocate with Mr.
B.K. Pandey, Advocate.
versus
Vice Chancellor,
Jawahar Lal Nehru University & Ors. ... Respondents
Through: Mr. S.C. Dhanda, Advocate.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
1. Whether the Reporters of local papers may
be allowed to see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported
in the Digest?
SUNIL GAUR, J.
*
1. Petitioner is a Doctorate from South East Asia School of Inter National Studies, Jawahar Lal Nehru University, New Delhi and he had applied for the post of Associate Professor in the Department of South East Asia School of Inter National Studies, Jawahar Lal Nehru University, New Delhi, in the year 1999. Petitioner had faced the interview for the above said post but he was not selected.
W.P. (C) No. 23457/2005 Page 1
2. In the year 2003, Petitioner had again applied for the post of Associate Professor (Main Land) in South East Asia School of Inter National Studies, Jawahar Lal Nehru University, New Delhi, and this time, Dr. Sankari, Respondent no. 4 was selected and was appointed as an Associate Professor in the year 2003 itself.
3. On 19th January, 2004, Petitioner, through his father, had made Representation (Annexure P-2) to the Respondent, but to no avail. Petitioner claims to be more meritorious than Respondent no. 4 and, in this petition, seeks quashing of the appointment of Dr. Sankari - Respondent no. 4 as Associate Professor in the discipline in question and further direction to the Respondent to interview the Petitioner for the post of Associate Professor in the aforesaid discipline and to appoint him.
4. Respondent - University in its counter affidavit has refuted the claim of the Petitioner of being more meritorious than the selected candidate, i.e., Respondent no. 4 and has asserted that the essential qualification for appointment to the post of Associate Professor in the discipline of South East Asia School of Inter National Studies, Jawahar Lal Nehru University, New Delhi, is five years teaching experience in this discipline, which W.P. (C) No. 23457/2005 Page 2 Petitioner did not possess and therefore, he was not selected. Rejoinder to the counter affidavit has been filed by father of the Petitioner and not by the Petitioner.
5. After having heard counsel for the parties and upon perusal of the material on record, I find that the Petitioner does not have a right to the appointment to the post, but has the right to be considered for appointment to the post of Associate Professor in the discipline of South East Asia School of Inter National Studies, Jawahar Lal Nehru University, New Delhi, and he has been duly considered for the said post. As per Petitioner's own showing, he was called for the interview, but was not selected. The reason is obvious, i.e., the lack of teaching experience of five years, which is an essential qualification for being appointed as Associate Professor in this discipline.
6. Since the Petitioner was not eligible for being appointed as Associate Professor in the discipline in question, therefore, the Petitioner does not have any right for being appointed to the post of Associate Professor in South East Asia School of Inter National Studies, Jawahar Lal Nehru University, New Delhi.
7. As regards the second prayer is concerned, there is no worthwhile challenge to the appointment of W.P. (C) No. 23457/2005 Page 3 Respondent no. 4 to the aforesaid post. Petitioner has failed to show that Respondent no. 4 was not eligible for being appointed to the post in question. In my considered view, this petition lacks merit and therefore, the same is dismissed.
8. No costs.
SUNIL GAUR, J.
July 22, 2009 pkb W.P. (C) No. 23457/2005 Page 4