Punjab-Haryana High Court
Neeru Bala vs Ch. Charan Singh Haryana Agricultural ... on 5 March, 2025
Neutral Citation No:=2025:PHHC:031633
CWP-26629-2013 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
201 WP-26629-2013 (O & M)
C
Date of decision: 05.03.2025
Neeru Bala
....Petitioner
Versus
Ch. Charan Singh Haryana Agricultural University, Hisar and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : r. R.K.Malik, Sr. Advocate with M Mr. Sandeep Dhull, Advocate, for the petitioner. r. Sailender Singh, Advocate, M for respondents No.1 and 2. r. Kamal Kumar Mor, Advocate and M Mr. Ajay Lather, Advocate, for respondent No.3. AMAN CHAUDHARY, J. (ORAL) 1. Prayer made in the present petition is for quashing the selection and appointment of respondent No.3 as Assistant Professor, Mathematics and directing the respondents to consider the claim of the petitioner to the said post from the date he has been appointed. 2. The petitioner had applied pursuant to the advertisement dated 02.03.2012, the essential qualifications required read thus: " Assistant Professor (Mathematics) Master's degree in Mathematics. Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) conducted by the UGC, CSIR, ASRB or similar test accredited by the UGG. 1 of 6 ::: Downloaded on - 07-03-2025 05:34:35 ::: Neutral Citation No:=2025:PHHC:031633 CWP-26629-2013 -2- ote: For the candidates having Master's degree, NET N shall remain compulsory alongwith one publication in NAAS(NationalAcademyofAgriculturalSciences,New Delhi)ratedrefereedjournalforrecruitmenttothepostof Assistant Professor and equivalent in the discipline in which NET is conducted. Essentially of NET can be waived off for the candidates holding Ph.D. Degree providedithasbeendonewithcourseworkasprescribed by the UGC Regulations 2009 and the candidate has at least two full length publications having a NAAS rating not less than 4, on the last date of submission of application. Those candidates with Ph.D. without course work will not qualify for NET exemption." 3. Itisthecategoriccaseofthepetitionerandasapparentfrom the application form, Annexure P-5 that she specifically had mentioned therein, that her research paper "2-D Deformation of two welded half spaces due to blind Dip-slip fault" was publishedintheJournalofEarth System Science, based on which, it was stated that she was the only eligiblecandidate,asnoneoftheothercandidates,hadthispublicationin NAAS (National Academy of Agricultural Sciences), to their credit. However, Masters Degree+NET+Ph.D.wereconsideredandaccordingly, respondent No.3 was appointed on 20.10.2012. 4. This Court on 25.09.2019 passed the following order: " One of the disputes, which has arisen for the consideration of this Court, is as to whether the research papers, which have been submitted by the petitioner, have been published in the National Academy of Agricultural Sciences (for short 'the NAAS') rated referred journals or not. Counsel for respondent No.2 relies upon the information which he has received under RTI on 31.12.2014 fromtheNAASthattheJournalinwhich the papers of the petitioner were published does not have the NAAS rating/score, whereas, petitioner is also relying upon the information supplied to her under RTI by the NAAS on 20.01.2016, wherein, it hasbeenmentionedthattheJournal,wherethepapers 2 of 6 ::: Downloaded on - 07-03-2025 05:34:36 ::: Neutral Citation No:=2025:PHHC:031633 CWP-26629-2013 -3- o f the petitioner was published, had the NAAS rating/score during the year 2012. In order to resolve the dispute because of two contradictory reports at the same authorities, the respondent-University is directed to resolve this dispute by forwarding the papers submitted by the petitioner in support of her claim of having one publication in NAAS rated journal to the NAASand the same shall be verified by them. TheNAASshallgiveopinionastowhetherthe Journals, in which the publication was made by the petitioner, qualifies the requirement of the advertisement or not. While forwarding the case, the relevant qualifications prescribed for thepostbealso sent to the NAAS for clarification from them as to whether, the publication of the petitioner qualifies to beconsideredasonewhichispublishedintheNAAS Rated Journals. Let the respondent-University forward thesaid query to the NAAS within a period of two weeks from receiving a certified copy ofthisorderwiththe clear request that they should send their opinion, as asked by the University, in a time bound manner as the matter is pending before this Court qua the challenge to the selection made in pursuance to the advertisement. The opinion so received from the NAASshallbeplacedbeforethisCourtbywayofan affidavitsothattheclaimofthepetitionerasmadein the present writ petition could be decided at the earliest. Further, the respondent-University may also send the RTI information to NAAS, which the petitioner as well as the selected candidates has received, due to which the present confusion has arisen, which needed the clarification from the NAAS. Adjourned to 26.11.2019" 5. In compliance to the aforesaid, an affidavit wasfiledbythe Registrar,CCS,HaryanaAgriculturalUniversity,Hisar,dated13.11.2019, which reads thus: 1 . That as per orders dated 25.09.2019 passedby the Hon'ble Punjab and Haryana High Court, Chandigarh, the Secretary, National Academy of Agricultural Sciences, New Delhi vide this office 3 of 6 ::: Downloaded on - 07-03-2025 05:34:36 ::: Neutral Citation No:=2025:PHHC:031633 CWP-26629-2013 -4- emo No. Admn. R2/19/5249 dated 14.10.2019 M (Annexure R-1) was requested to give opinion as to whethertheJournalofEarthSystemScienceinwhich the paper entitled "2-D Deformation oftwowelded half spaces due to blind Dip-slip fault" of Ms. Neeru Bala was published had the NAAS rating in 2012 or not and qualifies the requirement of the Advertisement as per the qualification so that the positionmaybeapprisedtotheHon'bleHighCourtin due course of time. 2. That theSecretary,NationalAcademyof AgriculturalSciences,NewDelhividehisofficeletter No. NAAS/II.41/161 dated 21.10.2019 (Annexure R-2) has submitted his reply. The concluding para/main crux of the letter is as under: "The Journal titled Proceedings of the Indian Academy of Sciences- Earth and Planetary Science' was first assigned NAAS score effective from Jan 1,2008andsincethenithas been in the list of NAAS rated journals under the category of IF journals. This journal was earlier published as "Proceedings of the Indian Academy of Sciences- Earth and Planetary Science'andin2005wasrenamedas'Journalof EarthSystemScience'.SincetheAcademydoes not require issues of IF journals from the publishers for evaluation/scoring purpose, the new name of said journal could not beupdated and inadvertently remained inthelistofNAAS ratedjournalswithitsoldnamei.e.Proceedings of the Indian Academy of Sciences-Earth and PlanetarySciencesandhadNAASscoreof7.40 in 2012. The existing name of the said journal, i.e. Journal of Earth System Science was updated in the list of NAAS rated journals in 2016 when it was brought to the notice of Academy vide Ms. Neeru Bala's RTI application. Now both names of the journalare mentioned in the existing list of NAAS rated journals and its current NAAS score is 6.89 which can be verified by referring to NAAS website;www.naasindia.org." 6. On03.08.2022,accordinglythisCourt, passedthefollowing order: 4 of 6 ::: Downloaded on - 07-03-2025 05:34:36 ::: Neutral Citation No:=2025:PHHC:031633 CWP-26629-2013 -5- " Learned Senior counsel for the petitioner submitsthattheessentialqualificationsintermsofthe advertisement was that a candidate beside having Master's degree in Mathematics, NET (National Eligibility Test) wasrequiredtohaveonepublication in NAAS (National Academy of Agricultural Sciences, New Delhi) rated journal. The respondents/University in their affidavit filed on 15.11.2019 have stated that the publication of the petitionerwasaNAASratedjournal.Therespondents have admitted in their reply that there was no other candidate who had the essential qualification of NAASratedjournal.Outofthreecandidateswhohad applied for the post of Assistant Professor (Mathematics),thepetitionerwastheonlyonehaving the aforenoted requisite qualification as stipulated in the advertisement, therefore, shewouldbeentitledto selection. He also submits that as several posts of Assistant Professor (Mathematics) are lying vacant, the petitioner would be adjusted without disturbing respondent No.3. In case the petitioner is offered appointment, her pay may be fixed notionally from thedateoftheappointmentandshewillnotclaimany arrears in pay with effect from the date of appointment of respondent No.3. Learned counsel for respondents No.1 and 2 prays for time to respond to the averments made by the counsel for the petitioner. Respondent No.1 shall alsofileanaffidavitinresponsetothesubmissionsof learned counsel for the petitioner. List on 30.09.2022." 7. This Court on 18.08.2022 passed the order which reads thus: " Learned counsel for the applicant/petitioner submits that the petitioner was the only eligible candidate in terms of the qualifications setoutinthe advertisement. He also submits that when the matter had come up for hearing on 03.08.2022, he had submitted that several posts of Assistant Professor (Mathematics) are lying vacant against which the petitioner could be adjusted without disturbing respondent No.3. Learned counsel for respondents no.1 and 2 had sought time to respond to the averments, however, respondent No.1 has issued a fresh advertisement for filling up the posts of Assistant Professors (Mathematics). 5 of 6 ::: Downloaded on - 07-03-2025 05:34:36 ::: Neutral Citation No:=2025:PHHC:031633 CWP-26629-2013 -6- Issuenoticeintheapplicationtothecounselfor the non-applicants/respondents returnable on 13.09.2022." 8. On 30.09.2022, this Court passed an interim orderdirecting thatonepostofAssistantProfessor(Mathematics)wouldnotbefilledtill the next date of hearing, which was continued thereafter. 9. There being no denying the fact in terms of the affidavit dated13.11.2019thatitwasduetoinadvertenterror,thenameofjournal could not be updated whereas the research paper of the petitioner had been published. This be so, assertion of the petitioner being the sole eligible candidate stands substantiated. 10. The aforesaid coupled with the orders passed as referred to hereinabove, the present petition is disposed of with a direction to the respondents to consider and appoint the petitioneragainstapostordered to be kept reserved. Needless to say, the petitioner will, in termsofthe statementmadebycounselonherbehalf,benotentitledtoanyarrearsof pay butfor,onlythenotional,witheffectfromthedate,respondentNo.3 came to be appointed, who shall not be disturbed, considering his long service. Needful be done within a period of three months. 0 5.03.2025 (AMAN CHAUDHARY) parveen kumar JUDGE hether speaking/reasoned : Yes / No W Whether reportable : Yes / No 6 of 6 ::: Downloaded on - 07-03-2025 05:34:36 :::