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Delhi High Court - Orders

Dr. M. Tamil Selvan vs Jawaharlal Nehru University And Anr on 31 May, 2023

Author: Jyoti Singh

Bench: Jyoti Singh

                                    $~127
                                    *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +       W.P.(C) 7802/2023
                                            DR. M. TAMIL SELVAN                  ..... Petitioner
                                                           Through: Mr.      R.    Balasubramanian,
                                                           Senior Advocate with Mr. Santosh Kumar
                                                           Pandey, Mr. B. Venkatraman and Mr. T.
                                                           Gopal, Advocates
                                                           versus
                                            JAWAHARLAL NEHRU UNIVERSITY AND ANR.
                                                                                ..... Respondents
                                                          Through: Mrs. Ginny J. Rautray, Mr.
                                                          Navdeep Singh and Ms. Tanvi Bansal,
                                                          Advocates for R-1.
                                                          Mr. Apoorv Kurup and Mr. Akhil Hasija,
                                                          Advocates for R-2.
                                            CORAM:
                                            HON'BLE MS. JUSTICE JYOTI SINGH
                                                                                 ORDER

% 31.05.2023 CM No.30486/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 7802/2023 & CM No.30485/2023 (stay)

3. Present writ petition has been filed by the Petitioner seeking the following reliefs:-

"a) Issue a writ of certiorari whereby quash letter dated Nil issued by the Recruitment Cell of the Respondent University No 1 rejecting the petitioner's Application No. 15Y436P217976 applied for the post of Associate Professor in Human/Physical Geography (Reserved for OBC) (POST NO. 114) in Centre for the study of Regional Development (CSRD.
b) Issue a writ of certiorari whereby quash letter dated Nil issued by the Recruitment Cell of the Respondent University No 1 rejecting the petitioner's Application No. 15Y437P2I7978 applied for the Post of Associate Professor (Unreserved) (POST NO. 115) in Centre for the study of Regional Development (CSRD).
c) Issue a writ of mandamus directing the Respondent No 1 to consider his application and allow the petitioner to participate in W.P.(C) 7802/2023 Page 1 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 06:35:19 ongoing selection process for the post of Associate Professor in Human/Physical Geography (Reserved for OBC) (POST NO. 114) in Centre for the study of Regional Development (CSRD.

d) Issue a writ of mandamus directing the Respondent No 1 to consider his application and allow the petitioner to participate in ongoing selection process for the Post of Associate Professor (Unreserved) (POST NO. 115) in Centre for the study of Regional Development (CSRD)."

4. Petitioner herein is aggrieved by non shortlisting of his application for the post of Associate Professor in Human/Physical Geography (OBC) post against Post No.114 in Centre for Study of Regional Development as well as for the post of Associate Professor (Unreserved) Post No.115 in the same Centre.

5. Mrs. Ginny J. Rautray, learned counsel appearing on advance copy of the writ petition on behalf of Respondent No.1 submits that the advertisement itself stipulated that the aggrieved candidates may make representations with regard to their grievances against non shortlisting and/or non selection and in terms thereof, Petitioner has already preferred a representation on 21.05.2023. She further submits that representation preferred by the Petitioner along with representations received from other candidates is under active consideration of the University and the same shall be disposed of shortly.

6. In view of the aforesaid stand taken by the University, it is directed that Respondent No.1 shall dispose of the representation of the Petitioner by a reasoned and speaking order, which shall be communicated to him. As the matter involves a selection process, it is further directed that the University shall also communicate the scheduled dates of the interview giving the Petitioner a reasonable time to take recourse to legal remedies, before the interviews are conducted, in case the final order on the representation is not in his favour.

W.P.(C) 7802/2023 Page 2 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 06:35:19

7. It is made clear that this Court has not expressed any opinion on the merits of the case and the writ petition has been allowed only with a limited direction as aforesaid.

8. Writ petition is disposed of along with pending applications.

MAY 31, 2023/kks JYOTI SINGH, J W.P.(C) 7802/2023 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 06:35:20