Court No. - 29 Case :- WRIT - A No. - 47816 of 2010 Petitioner :- Dr. Raksha Pal Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Gautam Baghel,Shri P. S. Baghel Respondent Counsel :- C. S. C.,Neeraj Tripathi,P. K. Ganguly Hon'ble Sheo Kumar Singh,J.
Hon’ble Devendra Kumar Arora,J.
Challenge in this petition is the order passed by the
Chancellor by which appointment of the petitioner on the
post of Assistant Director, Training Organizer in the
respondent university has been cancelled.
Submission is that the ground on which petitioner’s
selection/appointment has been can cancelled that petitioner
did not possess five years experience as Assistant
Professor/Lecturer at the time of advertisement, is clearly
incorrect and in fact is based on misreading of the
record/documents so annexed by the petitioner along with
application form.
It is further argued that in the similar set of fact certain other
selectees are permitted to continue.
So far last argument is concerned submission of the
respondent side is that petitioner may not claim parity in
respect to the irregularity, if any, and that may be subject
matter of examination as and when that is needed but so far
the fact of the present case is concerned respondent no. 2
has recorded a correct finding that along with application
form required documents in respect to qualification and
experience is to be annexed as mentioned in the
advertisement.
Submission of the respondent side is that petitioner is to
stand on its own legs and he is to demonstrate that he
possessed minimum/requisite qualification at the time of
filing of the application form in the light of the requirement as
mentioned in the advertisement.
Be as it may, on these facts we are of the view that it is not a
case of grant of any stay as pressed but at the same time
we are of the further view that respondents are to be called
upon to file counter affidavit in the matter.
Sri Neeraj Tripathi, learned Advocate who represents
respondent no. 2 is further directed to produce the record in
relation to the application form of the petitioner specially the
enclosures which are said to be annexed along with
application form (Page 88 to the writ petition) by the next
date.
Let the matter be posted on 6th September, 2010.
Order Date :- 11.8.2010
M.A.A.