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Punjab-Haryana High Court

Abhay Singh vs State Of Haryana And Others on 26 February, 2024

CWP-7365-2023 along with 1
CWP-26050-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
Sr. No.245 Date of Decision: 26.02.2024
1) CWP-7365-2023 (O&M) 2024:PHHC:026089
Dr. Gajender Singh .... Petitioner
Versus
State of Haryana and others ... Respondents
2) CWP-26050-2023 2024:PHHC:026095
Abhay Singh .... Petitioner
Versus
State of Haryana and others ... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHITYA

Present: Mr. Rahul Sharma, Advocate
for the petitioner in CWP No.7365 of 2023.

Mr. Sandeep Kumar Yadav, Advocate
for the petitioner in CWP No.26050 of 2023.

Mr. Parveen Mehta, DAG Haryana.

Mr. Harmanjot Singh Gill, Advocate
for respondents no.2 and 3 in both cases.

Mr. Akshay Jindal, Advocate and
Mr. Vijayveer Singh, Advocate for respondent no.5.

Mr. D.S.Patwalia, Senior Advocate with
Mr. Armaan Dahiya, Advocate

for respondents no.4, 5 and 7 in CWP No.7365 of 2023.
3 2 2

TRIBHUVAN DAHIYA, J. (ORAL)

Both the petitions have been filed for setting aside the selection of Dr. Kavita Gupta/fifth respondent for the post of Principal, Kishan Lal MANINDER . ° . .

2024.02.29 17:39 | Public College, Rewari. The only ground of challenge is that she did not attest to the accuracy an order/judgment.

CWP-7365-2023 along with 2 CWP-26050-2023 meet essential requirement for the post in terms of the 'Revised minimum qualifications for appointment of teachers and other academic staff in universities and colleges' notified by the State of Haryana, vide letter dated 11.11.2022, Annexure P-7.

2. It has been contended by learned counsel for the petitioner(s) that the fifth respondent did not have the requisite Academic/Research Activity to her credit, i.e., creation of ICT mediated Teaching, learning pedagogy and content, development of new and innovative courses and curricula and E-Content. All the six categories of the aforesaid E-content were uploaded on a private YouTube channel contrary to the requirements, that too after 15.03.2023, i.e, the closing date for submission of application form. As per the EDUSAT Telecast and E-Learning Schedule for Higher Channel for the relevant period, there was no telecast by the fifth respondent. Accordingly, there was no basis for her to claim the score of E-content.

3. The factual assertion by the petitioners is incorrect, which is apparent from the short reply filed on behalf of the Department, stating that E-content of the fifth respondent was duly uploaded on the Department's channel after verification. The relevant paragraph no.6 of the reply reads as under:

That respondent No.5 was appointed as resource person to develop E-content for the year 2020-21 and accordingly six (6) video lectures on different topics were prepared by the Respondent No.5 and submitted to Nodal Officer of Commerce, Dr. Meenakshi, who after finding the quality of audio and video good, issued a certificate Annexed as Annexure R-1/2. The videos submitted were telecasted on UTKARSH one MANINDER 2024.02.29 17:39 channel of Haryana EDUSAT Channels on cable/DTH network attest to the accuracy and order/judginent.
CWP-7365-2023 along with 3 CWP-26050-2023 (Channel-4) in State of Haryana and its link was available on YouTube channel. The detailed report of telecast is attached herewith as Annexure R-1/3.

4. Learned counsel for the petitioners are not in a position to dispute the aforesaid facts. Therefore, it cannot be said that the fifth respondent did not meet the essential requirement at the time of selection for the post.

5. Accordingly, there is no merit in the petitions, and the same stand dismissed.

6. Pending miscellaneous application(s), if any, stand disposed of as having been rendered infructuous.

7. A photocopy of this order be placed on connected file. (TRIBHUVAN DAHTYA) JUDGE 26.02.2024 Maninder Whether speaking/reasoned --_: Yes/No Whether reportable : Yes/No MANINDER 2024.02.29 17:39 I attest to the accuracy and authenticity of this order/judgment.