IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
CWP No.1709 of 2009
Date of decision: February 3, 2009
Dr. Rishi Pal Mandhan ... Petitioner
Versus
Registrar, Kurukshetra University & others ... Respondents
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present : Mr. R.K. Arora, Advocate
for the petitioner.
***
1. Whether Reporters of Local Newspapers may be allowed to see
the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J.(Oral)
This writ petition has been filed challenging the
advertisement Annexure P-3. The case of the petitioner is that on
two earlier occasions the same post was advertised with
requirement of specialization in Recombinant DNA Technology. It is
not disputed that on both these occasions, the post could not be
filled up because adequate number of qualified persons with the
above said specialization were not available. Learned counsel for
the petitioner has argued that as per Ordinance VI the Vice
Chancellor does have a right to change the specialization but that
has to be done only with the consultation of Chairperson/Senior
Expert.
However, in my opinion, in a situation like this when the
persons with the said qualification are not available in the job
market the Vice Chancellor has decided to change the field of
specialization even if the same is done unilaterally (as alleged by
CWP No.1709 of 2009 -2-
the petitioner) the same cannot be faulted. There is no requirement
that the University has to retain a particular qualification ad
infinitum. In view of the fact that earlier advertisements could not
attract the qualified candidates, there was no option with the
University but to change the qualifications so as to able to attract
more talent.
Consequently, the writ petition is dismissed. No costs.
February 03, 2009 (AJAY TEWARI) sonia JUDGE