Avinash Thakur vs Board Of Management Sant Longowal on 7 November, 2008

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                        CASE NO.: CWP No.5588 of 2008

                                  DATE OF DECISION: November 7, 2008

AVINASH THAKUR                                           ...PETITIONER

                                  VERSUS

BOARD OF MANAGEMENT SANT LONGOWAL ...RESPONDENTS

INSTITUTE OF ENGINEERING AND TECHNOLOGY
AND OTHERS

CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.

HON’BLE MR. JUSTICE RAJAN GUPTA.

PRESENT: MR. R.K. MALIK, SR. ADVOCATE
WITH MR. VISHAL MALIIK, ADVOCATE FOR THE PETITIONER.
MR. N.S. GILL, ADVOCATE FOR RESPONDENT NOS.1 & 2.

ASHUTOSH MOHUNTA, J.(ORAL)

Sant Longowal Institute of Engineering and Technology,

Longowal, District Sangrur advertised 3 posts of Assistant Professors

(Chemical Technology) on 8.11.2006. The petitioner who was duly eligible

for the said post applied for the same and was interviewed on 27.5.2007,

alongwith other eligible candidates. He was placed at S.No.3 in the order of

merit. The case of the petitioner is that respondent No.3 who had not

applied in pursuance to the advertisement dated 8.11.2006, for the post of

Assistant Professor (Chemical Technology) has been selected and

appointed. Learned counsel further submits that 2 other persons who were

at Sr.Nos.1 and 2 in the merit list were given appointment as Assistant

Professors (Chemical Technology), but the person at Sr.No.1 Dr. Krishan

Chander Guriya who had joined the post, subsequently withdrew the joining

report. It is thus contended that as on date 1 post is still lying vacant with

respondent Nos.1 & 2.

CWP No.5588 of 2008 -2-

Mr. N.S. Gill, learned counsel appearing for respondent Nos.1

& 2 states that after advertising the said posts on 8.11.2006, the

qualification for the post of Assistant Professor (Chemical Technology) has

been changed and therefore, as per new criteria laid down, the petitioner is

not eligible to be appointed as Assistant Professor (Chemical Technology).

After hearing learned counsel for the parties, we are of the

considered opinion that the petitioner duly fulfilled all the conditions as laid

down in the advertisement dated 8.11.2006. The appointments were also

made in pursuance to said advertisement. The aforementioned factual

position has not been disputed by the respondents. In this view of the

matter, we dispose of this writ petition with a direction to respondent Nos.1

& 2 to consider the petitioner for the post of Assistant Professor (Chemical

Technology) against the post of Dr. Krishan Chander Guriya. The

consideration of the petitioner be done expeditiously, preferably, within two

months from the date of receipt of certified copy of this order.

                                         (ASHUTOSH MOHUNTA)
                                               JUDGE



November 7, 2008                              (RAJAN GUPTA)
Gulati                                           JUDGE