Jawaharlal Nehru Technical Uniersity v. E. V. Subhashu Babu
1997-10-24
D.P.WADHWA, SUJATA V.MANOHAR
body1997
DigiLaw.ai
ORDER : Sujata V. Manohar, J. 1. Special leave granted. 2. The 1st respondent was appointed temporarily as a Works Inspector on 21-11-1984 on a consolidated salary. In 1991, he along with others, filed Writ Petition No. 1380 of 1990 for regularisation. By a judgment dated 8-11-1991 the Division Bench of the High Court rejected the relief of regularisation. However, the High Court directed that such petitioners before it who had been working for more than three years should be considered for appointment in the regular posts if they apply for the posts pursuant to the notification to be issued by the respondent-University and qualify in accordance with the relevant rules. The High Court directed the State Government to take a final decision on the proposal of the University to create additional posts and directed the University to consider the case of the petitioners who had by then completed three years of service under provisional appointments, for regular appointment to the newly sanctioned posts. The High Court directed that they should be considered on preferential basis but subject to qualification, rules and regulations. 3. Accordingly, six posts in the category of Works Inspector (Civil) were sanctioned by the State and a notification was issued, pursuant to which the 1st respondent along with other such temporarily appointed Works Inspectors applied for the posts. One post out of six was reserved for a Scheduled Caste candidate, which has remained unfilled. 4. For the remaining five posts, interviews were held. The appellant has produced before us the marks given by the Selection Committee members to the 11 candidates who appeared before the Selection Committee. The basis for award of marks is set out in the Award List. Marks have been granted under three heads: 15 marks are given for qualification, 10 marks for experience and 25 marks for performance. These 25 marks for performance are divided into two categories: 10 marks for job performance and 15 marks for the interview. The 1st respondent was not selected because the marks obtained by him were much below the marks obtained by the selected candidates. 5. He, therefore, filed a writ petition which is the subject-matter of the present proceedings.
These 25 marks for performance are divided into two categories: 10 marks for job performance and 15 marks for the interview. The 1st respondent was not selected because the marks obtained by him were much below the marks obtained by the selected candidates. 5. He, therefore, filed a writ petition which is the subject-matter of the present proceedings. The learned Single Judge, after looking at the marks given to the 1st respondent, directed that he should be given 9 more marks for experience and 5 more marks under "job performance" totaling an addition of 14 marks. Since the Single Judge carried an impression that the 1st respondent, with the addition of 14 marks, would come within the selected category, he ordered appointment of the 1st respondent. The appeal of the appellant has been dismissed by the Division Bench in limine. 6. The appellant has annexed the entire Award List of the Selection Committee pertaining to all the 11 candidates. They have added 14 extra marks in the case of the 1st respondent as directed by the learned Single Judge. Even thereafter the marks of the 1st respondent fall below the marks given to the 5 selected candidates. The learned Single Judge did not accept the contention of the 1st respondent regarding his interview marks, holding that it would be difficult to interfere with the marks given to the 1st respondent in interview for want of clear circumstances. 7. Since the 1st respondent does not qualify for selection on the basis of the marks given to him by the Selection Committee, even after addition of extra marks, we allow this appeal and set aside the impugned order of the Division Bench as also the impugned order of the Single Judge insofar as it directs the appointment of the 1st respondent to the post of Works Inspector on a regular basis. There will be no order as to costs. Appeal allowed.