Delhi High Court
Dr. Deepak Singh vs Vice Chancellor, Jawahar Lal ... on 22 July, 2009
Author: Sunil Gaur
* HIGH COURT OF DELHI : NEW DELHI
Judgment reserved on : July 14, 2009
Judgment delivered on: July 22, 2009
+ W.P. (C) No. 23457/2005
Dr. Deepak Singh ... Petitioner
Through: Mr. K.K. Rai, Senior Advocate with Mr.
B.K. Pandey, Advocate.
versus
Vice Chancellor,
Jawahar Lal Nehru University & Ors. ... Respondents
Through: Mr. S.C. Dhanda, Advocate.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
1. Whether the Reporters of local papers may
be allowed to see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported
in the Digest?
SUNIL GAUR, J.
*
1. Petitioner is a Doctorate from South East Asia School
of Inter National Studies, Jawahar Lal Nehru University,
New Delhi and he had applied for the post of Associate
Professor in the Department of South East Asia School of
Inter National Studies, Jawahar Lal Nehru University, New
Delhi, in the year 1999. Petitioner had faced the interview
for the above said post but he was not selected.
W.P. (C) No. 23457/2005 Page 1
2. In the year 2003, Petitioner had again applied for the
post of Associate Professor (Main Land) in South East Asia
School of Inter National Studies, Jawahar Lal Nehru
University, New Delhi, and this time, Dr. Sankari,
Respondent no. 4 was selected and was appointed as an
Associate Professor in the year 2003 itself.
3. On 19th January, 2004, Petitioner, through his father,
had made Representation (Annexure P-2) to the
Respondent, but to no avail. Petitioner claims to be more
meritorious than Respondent no. 4 and, in this petition,
seeks quashing of the appointment of Dr. Sankari -
Respondent no. 4 as Associate Professor in the discipline
in question and further direction to the Respondent to
interview the Petitioner for the post of Associate Professor
in the aforesaid discipline and to appoint him.
4. Respondent - University in its counter affidavit has
refuted the claim of the Petitioner of being more
meritorious than the selected candidate, i.e., Respondent
no. 4 and has asserted that the essential qualification for
appointment to the post of Associate Professor in the
discipline of South East Asia School of Inter National
Studies, Jawahar Lal Nehru University, New Delhi, is five
years teaching experience in this discipline, which
W.P. (C) No. 23457/2005 Page 2
Petitioner did not possess and therefore, he was not
selected. Rejoinder to the counter affidavit has been filed
by father of the Petitioner and not by the Petitioner.
5. After having heard counsel for the parties and upon
perusal of the material on record, I find that the Petitioner
does not have a right to the appointment to the post, but
has the right to be considered for appointment to the post
of Associate Professor in the discipline of South East Asia
School of Inter National Studies, Jawahar Lal Nehru
University, New Delhi, and he has been duly considered
for the said post. As per Petitioner's own showing, he was
called for the interview, but was not selected. The reason
is obvious, i.e., the lack of teaching experience of five
years, which is an essential qualification for being
appointed as Associate Professor in this discipline.
6. Since the Petitioner was not eligible for being
appointed as Associate Professor in the discipline in
question, therefore, the Petitioner does not have any right
for being appointed to the post of Associate Professor in
South East Asia School of Inter National Studies, Jawahar
Lal Nehru University, New Delhi.
7. As regards the second prayer is concerned, there is
no worthwhile challenge to the appointment of
W.P. (C) No. 23457/2005 Page 3
Respondent no. 4 to the aforesaid post. Petitioner has
failed to show that Respondent no. 4 was not eligible for
being appointed to the post in question. In my considered
view, this petition lacks merit and therefore, the same is
dismissed.
8. No costs.
SUNIL GAUR, J.
July 22, 2009
pkb
W.P. (C) No. 23457/2005 Page 4
