Mahavir Singh Kalon vs University Of Delhi Through Its ... on 1 February, 2022

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Delhi High Court - Orders

Mahavir Singh Kalon vs University Of Delhi Through Its ... on 1 February, 2022

Bench: Yogesh Khanna

                                $~47
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(C) 1945/2022
                                     MAHAVIR SINGH KALON                             ..... Petitioner
                                                        Through : Mr.Parv Garg, Mr.Pawas Kulshrestha,
                                                                   Mr.K.S.Rekhi, Advocates.
                                                        versus
                                     UNIVERSITY OF DELHI THROUGH
                                     ITS REGISTRAR & ORS.                            ..... Respondents
                                                        Through : Mr.Mohinder JS Rupal, Advocate.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                        ORDER

% 01.02.2022

1. The hearing has been conducted through Video Conferencing.

CM APPLN No.5584/2022

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

4. This Writ Petition is filed with the following prayers:

"(i) Issue a writ of certiorari thereby quashing and setting aside resolution dated 01-02.07.2019 of Executive Council to the extent that Petitioner is promoted to the post of Professor (Stage - 5) w.e.f. 26.06.2019 instead of his date of eligibility i.e., 21.10.2015;

(ii) Issue a writ of certiorari thereby quashing and setting aside order dated 04.07.2019 passed by Respondent No. 1 to the extent that Petitioner is promoted to the post of Professor (Stage - 5) w.e.f. 26.06.2019 instead of his date of eligibility i.e., 21.10.2015;

(iii) Issue a writ of mandamus to Respondents thereby directing them to correct and re-fix the seniority of the Petitioner in the grade of Professor (Stage - 5) from the actual date of his eligibility i.e., 21.10.2015 instead of date of interview i.e., 25.06.2019;"

5. It is submitted the petitioner has joined the services with respondent no.1 in the year 2000 and was promoted to the post of Assistant Professor in the year 2012. On 21.10.2015 he attained eligibility for promotion against Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.02.2022 17:18 the post of Professor without vacancy.

6. The applications were invited for the post of Professor in the year 2017 to which the petitioner herein applied. On 25.06.2019 the Selection Committee named seven candidates for promotion including that of petitioner herein and such recommendation of the Selection Committee were approved by the Executive Council on 01.07.2019, communicated to the petitioner on 04.07.2019.

7. It is the submission of the learned counsel for the petitioner though the candidates at serial nos.2, 3 and 5 of the selection list were granted seniority from the date of eligibility per clause 6.3.12(a) but the candidates at serial nos.1, 4, 6 and 7 were granted seniority w.e.f. 25.06.2019 i.e., the date of their recommendation by the Selection Committee. It is submitted the candidates at serial nos.1, 4 and 6 filed a W.P.(C)10564/2019 which was allowed on 08.03.2021 whereby the candidates were granted seniority from the date of its eligibility, hence it is argued the petitioner being similarly placed be also granted seniority w.e.f. the date of eligibility.

8. Issue notice. The learned counsel for respondents is present and accepts notice.

9. It is submitted by the learned counsel for the respondents the case of the petitioner herein falls under clause 6.3.12(c) which runs as under:

"6.3.12 (a)-(b) xxxxxx

(c) If the candidate does not succeed in the first assessment, but succeeds in the eventual assessment, his/her promotion will be deemed to be from the later date of successful assessment."

10. It is submitted the respondent have already filed a review petition against the judgment dated 08.03.2021 passed in W.P.(C)10564/2019 which Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.02.2022 17:18 is listed on 25.02.2022.

11. Be that as it may, let a counter affidavit stating the fact as to if the petitioner had not succeeded in his first assessment and/or had succeeded in his eventual assessment be filed by the respondent within four weeks from today with an advance copy to the learned counsel for the petitioner. Rejoinder, if any, be filed within four weeks thereafter.

12. List on 21.07.2022.

YOGESH KHANNA, J.

FEBRUARY 01, 2022 DU Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:02.02.2022 17:18

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Delhi High Court - Orders