ORDER A.K. Sikri, J.
1. Rule.
Since short question is involved in the matter, with the consent of the parties the matter is taken up today and finally disposed of at this stage.
2. Petitioner was working with Delhi University-respondent no.1 herein, on daily wage basis as Work Assistant (Electrical). He worked on daily wage basis for number of years. He is a qualified diploma holder in electrical engineering as well. As he was not regularised, he filed the present petition and the relief prayed for in the petition is that he should be regularised as Junior Engineer as he fulfills the qualification for the post of Junior Engineer.
3. Admittedly during the pendency of the writ petition, petitioner has been appointed as Work Assistant (Electrical) Vide appointment letter dated 23rd July, 1999. He joined the post of Work Assistant on regular basis pursuant to the aforesaid appointment given to him. He was appointed to the aforesaid post after his case was considered for selection pursuant to advertisement issued by the University for the said post.
4. In so far as relief of appointment to the post of Junior Engineer is concerned the same cannot be granted for various reasons:-
i. Petitioner did not work on ad hoc basis as Junior Engineer but he worked only as Work Assistant (Electrical).
ii. Merely because the petitioner possesses the qualification required for the post of Junior Engineer would not make him entitled to be regularised for the post of Junior Engineer.
iii. Respondent No.1- University has its own recruitment rules for filling up of the post of Junior Engineer and only when the post is advertised and Selection Committee constituted to fill up the said post from amongst eligible candidates who apply for the such a post will consider their candidatures and the person who is recommended for appointment will get the appointment to the said post. There is no such advertisement for the post of Junior Engineer as on date.
iv. It is stated in the counter affidavit that there is a ban on filling up of the vacant post as per the orders of Government/UGC and therefore there is no question of filling up the post as of today.
5. It is stated in the counter affidavit that as and when the post is advertised after lifting the ban for filling up of the post, the petitioner would be at liberty to apply for the post and that would be considered by the Selection Committee alongwith internal as well as other candidates. In view of this statement in the counter affidavit no further directions are required to be given. It is however contended by learned counsel for the petitioner that for internal candidates to become eligible for consideration to the post of Junior Engineer, apart from, educational qualification as prescribed, experience of minimum 2-3 years in the post of Work Assistant is also required. The petitioner fulfills this experience calculated from 23rd July, 1999 i.e., when he was appointed to the post of Work Assistant on regular basis, his candidature should be considered treating it as valid experience. It is not necessary to deal with this aspect at this stage. The recruitment rules stipulate "experience as Work Assistant" and therefore it is hoped that the respondent may treat the service rendered by the petitioner as Work Assistant even on daily wage basis as experience as Work Assistant.
6. The writ petition which is otherwise devoid of merit, is hereby dismissed. Rule is discharged.
7. No costs.