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Showing contexts for: selection process completed in Jagjeet Singh And Others vs State Of Punjab And Others on 23 September, 2024Matching Fragments
However, the Department while issuing the impugned Memo. dated 18.10.2021 has laid down the selection criteria on the basis of written test as well as granting weightage of five marks (one mark for each year) for experience to Part-time/Guest Faculty/Contractual teachers and as such, the same is not legally sustainable being incompatible with the UGC Regulations.
67. Although, after completion of the selection process, the Department has issued a corrigendum; thereby withdrawing the weightage of five marks to Part Time/Guest Faculty/contractual teachers on 18.12.2021, but at such a belated stage, it would be of no help; rather this novel step has been taken just to frustrate the purpose of filing the present writ petitions."
(iii) The benefit of giving marks of experience is available only to the part time/guest faculty/contractual teachers of the Government Colleges of Punjab and the claim of the teachers from other states is not maintainable, and, that the said fact was also clarified vide clarification dated 28.11.2021 issued by the department.
(iv) The act of issuing the order dated 18.12.2021 is impermissible in law, as the same has been issued after the issuance of the advertisement, besides after the declaration of result and, moreover after the issuance of appointment letter. Resultantly since therebys the said order is non speaking, and, has been passed in violation of the principles of natural justice, despite the fact that in view of the supra, the appointees/the present appellants become visited with grave civil consequences. Consequently, it is argued that the impugned letters are required to be quashed and set aside. Reliance in respect of the above regard has been placed on the judgments rendered by the Apex Court in case titled as Tej Prakash Pathak and others versus Rajasthan High Court and others reported in (2013) 4 SCC 540, whereins in the relevant paragraphs, it has been expostulated that post the initiation of recruitment process, rather rules of the game are not required to be changed, as untenably done. Therefore, it is argued, that since post the completion of selection process, rather even post the issuance of appointment letters, the respondents proceeded to visit the civil consequences (supra) upon the present appellants, despite no adherence being made to the principles of natural justice. In sequel, it is argued, that the impugned letters are required 12 of 35 Neutral Citation No:=2024:PHHC:126934-DB and other connected cases to be quashed and set aside.