Case Title: Dr. Priyanka Joshi versus Sri Karan Narendra & Ors.
Case No.: S.B. Civil Writ Petition No. 26876/2018
Decided on: 24.07.2023
Coram: HON’BLE MR. JUSTICE ANOOP KUMAR DHAND
Facts of the case:
Petitioner submits that pursuant to the advertisement dated 17.4.2017, the petitioner participated in the process for selection for appointment on the post of Subject Matter Specialist (Home Science).
Post was advertised for unreserved female candidate and one Ms. Ragini Ranawat was selected on the aforesaid post and appointment letter was offered to her on 30.06.2018.
Ms. Ragini Ranawat joined elsewhere and the post in question was lying vacant and the petitioner was at Merit No.1 in the reserve/waiting list.
Petitioner submits when the reserve list was not operated, she approached this Court by way of filing of the instant petition.
The Ministry of Human Resources Development, (for short, ‘MHRD’) Department of Higher Education, Government of India issued a letter on 07.03.2019 directing the Secretary, University Grants Commission, New Delhi, for issuing necessary directions to all the universities to start the recruitment process immediately.
The Department of Higher Education, Government of Rajasthan issued guidelines indicating therein that the advertisement in which no activity relating to final selection i.e. examination or interview etc. has not been completed and the recruitment process is still pending at the stage of advertisement and inviting the application, in such cases, the new rule notified on 07.03.2019 will be applied and the vacancies to be brought in the new roster accordingly.
The petitioner has approached this Court within time before expiry of the date of reserve/waiting list. Counsel submits that when the instructions issued by the MHRD and the UGC were not followed, the petitioner submitted an application for compliance of the aforesaid letter dated 07.03.2019 on 17.08.2022, this Court directed the respondents to make compliance of the letter dated 07.03.2019.
Judgement:
Petition stands disposed of with a direction to the respondent Universities to operate the reserve waiting list in accordance with the provisions contained under Section 8(iii) of the Act of 2013 and consider the case of the petitioner for her appointment on the advertised post if she is found in merit and otherwise eligible, with all consequential benefits. Needless to observe that the directions issued by this Court would be complied by the respondents within a period of three months from the date of receipt of certified copy of this order.
Analysis:
The petitioner cannot be blamed if the respondents have not proceed further with the process as per the provision contained under Section 8(iii) of the Act of 2013. Since the petitioner has approached this Court on 04.12.2018 i.e. before expiry of waiting list and on 12.12.2018 by way of passing an interim order this Court has continued the operation of the said reserve list and the said order is still in currency.
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Written by: Mahima Saini
