Punjab-Haryana High Court
Bahadur Singh vs B.P.S. Mahila Vishavidalaya Khanpur ... on 7 February, 2014
Author: Daya Chaudhary
Bench: Daya Chaudhary
CWP No.23627 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
CWP No.23627 of 2011 (O&M)
Date of Decision: 07.02.2014
Bahadur Singh ....Petitioner
Versus
B.P.S. Mahila Vishavidalaya Khanpur Kalan,
Distt. Sonepat, Haryana through its Registrar ....Respondent
BEFORE :- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Mr. R.K. Malik, Sr. Advocate
with Mr. Vijay Dahiya, Advocate
for the petitioner.
Mr. Shireesh Gupta, Advocate
for the respondent.
*****
DAYA CHAUDHARY, J.
The respondent-University advertised three posts of drivers 25.01.2011. However, in response to the said advertisement, the petitioner as well as other candidates applied as they were fulfilling the condition as mentioned therein. A written test was held on 07.05.2011 and total 75 candidates appeared in the written examination but only 26 candidates qualified the same. All 26 candidates, who qualified the written test, were called for driving test and only two candidates, including the petitioner, qualified all the driving tests. The petitioner was not called for interview on the ground that the candidates were less than three times.
The present petition has been filed for issuance of direction to the respondent to conduct interview of the petitioner and to complete the selection process and also for quashing of letter dated nil (Annexure P-10), vide which, the respondent replied that the University is competent to Kaur Gurpreet 2014.02.11 16:42 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No.23627 of 2011 (O&M) 2 withdraw the post without assigning any reason. A prayer has also been made for issuance of appropriate direction to the respondent, keeping in view the facts and circumstances of the case.
Notice of motion was issued in the case on 19.12.2011 and in response to that, the written statement has been filed, which is on record. The petition was admitted on 27.09.2012 and a direction was issued that one post of driver be kept reserved till further orders. The case came up for hearing on 06.09.2013 and the following order was passed :-
" It appears that out of 75 candidates, the petitioner was only able to pass the driving test. The appointment has been withdrawn in view of absence of wider choice to the respondent-University.
Without expression of any opinion regarding the capability of the petitioner and his driving aptitude, the petitioner may be tested for his efficiency by giving him opportunity to establish his merit.
Faced with this situation, the petitioner has offered to render services as driver for the period of three months to the University authorities. In case, he is able to satisfy the authorities by his driving skills, he may be taken in service.
Counsel for the respondents seeks time to get instructions from the Vice Chancellor. However, he has submitted that in case the opportunity as proposed is granted, this will neither estoppe the respondents to decline appointment to the petitioner and petitioner will also not claim any benefit in case he is not able to satisfy the respondents with his driving skills and capabilities as driver. Driving test earlier passed by the petitioner will not confer any right to the petitioner.
Adjourned to 26.09.2013."
Thereafter, on 26.09.2013, the following order was passed :-
" Three posts of drivers were advertised on Kaur Gurpreet 25.1.2011 by the respondent-University. The petitioner 2014.02.11 16:42 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No.23627 of 2011 (O&M) 3 along with others applied for the same. Written test was held on 7.5.2011. Out of 75 candidates who appeared in the written examination, 26 were able to pass the written test. The said 26 candidates appeared for driving test and ultimately only two candidates including the petitioner qualified the driving test. The petitioner and one another candidate have not been called for interview on the ground that the University had adopted resolution No.32 of Maharishi Dayanand University under which if the candidates are less than three times the vacancy, they may not be selected.
Without expression of any opinion regarding the validity of the resolution, it is apt to observe that vide order dated 06.09.2013, in the interest of justice and fairness, an option was given to the respondent that in case the petitioner offers to render services as driver for a period of three months to the University authorities and is able to satisfy the authorities of his driving skills, he may be taken in service. The said offer is acceptable to the respondent subject to the condition that the said trial will not confer any legal right and will be subject to the final decision of the writ petition. The respondent-University has offered even to pay the petitioner at D.C rates per month subject to the suitability of the petitioner. A consent order is passed that the petitioner will be tried for three months w.e.f 01.10.2013 subject to his eligibility to drive as per rules. It will be open to the respondent to appoint the petitioner in case he is able to satisfy the authorities by his driving skills.
For further arguments and report, to come up on 10.1.2014.
The petitioner will be paid at D.C rates as undertaken by the respondent.
Copy of the order be given dasti to the counsel for the parties on payment of usual charges."Kaur Gurpreet
In compliance of orders passed by this Court on 06.09.2013 as 2014.02.11 16:42 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No.23627 of 2011 (O&M) 4 well as on 26.09.2013, the petitioner was retained for a period of three months and his driving skills were tested by the respondent, which were found to be efficient and satisfactory.
Learned counsel for the respondent has brought to the notice of this Court a letter dated 01.02.2014 sent to him by the respondent, wherein, it has been mentioned that the respondent-University has considered and tested the services of the petitioner and his efficiency and abilities have been found to be satisfactory. On earlier occasions also, under similar circumstances, the posts of Clerks, Junior Scale Stenographers, Assistants, Controller of Exams as well as Art and Craft Teacher were filled up, wherein also, the candidates were less. The details of those posts have been mentioned in the additional affidavit dated 19.09.2012 filed by the petitioner. Moreover, the present petitioner is not only eligible for the post of Driver possessing all requisite qualifications but even his driving skills and suitability have been tested during the period of trial.
In view of peculiar facts and circumstances of the case and also the suitability and efficiency of the petitioner as well as passing of driving tests, the petitioner deserves to be appointed as Driver.
Accordingly, the present petition is allowed and the respondent is directed to issue appointment letter to the petitioner after completing all formalities as required under law, within a period of two weeks from the date of receipt of certified copy of this order.
(DAYA CHAUDHARY) 07.02.2014 JUDGE gurpreet Kaur Gurpreet 2014.02.11 16:42 I attest to the accuracy and integrity of this document High Court, Chandigarh