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2018 DIGILAW 2259 (HP)

Dharam Pal Singh v. State Of Himachal Pradesh

2018-12-19

AJAY MOHAN GOEL, SURYA KANT

body2018
JUDGMENT Surya Kant, C.J. - Though the instant writ petition has been filed seeking a writ of mandamus to initiate and finalize the post of Assistant Professors in Computer Science in Himachal Pradesh University by strictly following the Rules and Regulations as set out by the University Grants Commission for appointment to the teaching posts in Universities. The orders passed by this Court from time to time, clearly suggest that the scope of these proceedings was enlarged in public interest to ensure that adequate teaching faculties are provided in all the departments of the University strictly in accordance with the qualification/selection criteria prescribed by the University Grants Commission. No final directions, nevertheless, could be issued for the reason that one of the vital issue, namely, whether the reservation policy is to apply department wise or taking into consideration the entire cadre strength of the University, is sub judice before the Hon''ble Supreme Court and till such time this issue is decided, the University is not in a position to determine as to which are the posts which can be reserved for different categories. In fact, University Grants Commission has issued instructions on 19th July, 2018 (Annexure R-2/7) directing all the Universities to postpone the recruitment process so as to await the decision of the Apex Court. 2. Since most of the departments in the University are having less than 50% teaching faculty, this Court with a view to tide over the situation, vide order dated 13th November, 2018, suggested that as an interim measure, the University may explore the possibility of making contractual/stop gap conditional appointments in those departments where students are facing grave difficulty for want of teachers. It was further made clear that such contractual/stop gap appointments shall be made with a clear stipulation that the contractual/ad hoc appointee will have no right to seek regularization or absorption on regular basis and regular appointments shall be made soon after the decision of the Hon''ble Supreme Court. 3. The Vice Chancellor of the University constituted a Committee, headed by Dean of Studies, with four other members to deliberate on the issue and suggest the modalities. Learned Counsel for the University has placed on record proceedings of the meeting of the above stated Committee held on 13th December, 2018, which were duly approved by the Vice Chancellor. The recommendations made of the Committee are to the following effect:- "1. Learned Counsel for the University has placed on record proceedings of the meeting of the above stated Committee held on 13th December, 2018, which were duly approved by the Vice Chancellor. The recommendations made of the Committee are to the following effect:- "1. In compliance to the order of Hon''ble High Court of Himachal Pradesh in CWP No. 747 of 2018 tilted as Dharam Pal Singh V/s State of H.P. & Others, it was unanimously decided that the University may proceed for purely contractual/ stop gap conditional appointments at least in such departments where students are facing grave difficulty for want of requisite faculty. Such limited appointments may be made in those departments/institutes where the existing faculty is less than 50% of the sanctioned strength. 2. The university will made such appointments /arrangements of Part- Time Teachers by issuing advertisement / public notice or arrange Wail in Interview for full academic session before the commencement of academic session. It was also decided that such terms and conditions shall be kept so that such part time teachers appointed for such contractual / stop gap appointment will not be given any such assurance for regularization or absorption on regular basis and such appointments shall be purely temporary and such appointments shall stand discontinued once the regular appointments are made. 3. The University will appoint these part time Teachers through a duly constituted and approved committee of Himachal Pradesh University. 4. The action taken report in CWP No. 747 of 2018 titled as Dharam Pal Singh V/s State of H.P. & Others would be submitted by the General Administration Branch accordingly. 5. The information of the vacancy shall be worked out / complied by the Establishment Branch." 4. We are satisfied that as a stop gap arrangement, the University may resort to above stated recourse though as an abundant clarification, it is directed that the appointees, whether contractual/part time or adhoc, as the case may be, shall have to possess the requisite minimum qualification provided by the University Grants Commission. Irrespective of the nature of appointments, the same shall be made strictly on merit from amongst the eligible candidates, though with the conditions/stipulations as find mention in our order dated 13th November, 2018, alongwith the additional conditions, if any, as may be suggested by the Committee constituted by the University. 5. Irrespective of the nature of appointments, the same shall be made strictly on merit from amongst the eligible candidates, though with the conditions/stipulations as find mention in our order dated 13th November, 2018, alongwith the additional conditions, if any, as may be suggested by the Committee constituted by the University. 5. Learned Counsel for the University assures that the process to make the above stated arrangement shall be initiated during the winter break, so that the part time/ad hoc faculty becomes available at the beginning of the new academic session, which would commence in February/March, 2019. 6. It goes without saying that if the petitioner applies and competes for any of the advertised posts, he shall also be considered in accordance with law and UGC norms. Since at this stage no further directions are required to be issued, these proceedings are accordingly closed. All interim orders, including order dated 21.11.2017 are modified accordingly. Pending miscellaneous applications, if any, also stand disposed of.