Nupur Roy Chowdhury vs University Of Delhi & Ors.
2011 Latest Caselaw 2442 Del

            *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Date of decision: 6th May, 2011

+                   W.P.(C) 10321/2009 & CM No.7440/2010 (for stay)

%        NUPUR ROY CHOWDHURY                       ..... Petitioner
                     Through: Mr. Aloke Kumar Bhattacharya, Adv.

                                   Versus

         UNIVERSITY OF DELHI & ORS.             ..... Respondents
                      Through: Mr. M.J.S. Rupal & Mr. Aravind
                               Varma, Advocates for DU.
CORAM :-
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1.       Whether reporters of Local papers may
         be allowed to see the judgment?                    NO

2.       To be referred to the reporter or not?             NO

3.       Whether the judgment should be reported            NO
         in the Digest?

RAJIV SAHAI ENDLAW, J.

1. The petitioner employed with the respondent University of Delhi as

a Reader in the Faculty of Music & Fine Arts, claiming to be eligible for

consideration for promotion to the post of Professor under the Career

Advancement Scheme, 1998 had applied therefor and appeared before the

Selection Committee in December, 2008 but was not promoted and was

advised to apply afresh after one year.

2. This writ petition was filed impugning the aforesaid action of the

respondent University. It was also the case of the petitioner that though

she had applied for promotion after one year in the year 2009 also but no

steps were taken by the respondent University.

3. Notice of the writ petition was issued.

4. On 28th September, 2010 the counsel for the respondent University

informed that the case of the petitioner for promotion could not be

considered in the year 2009 or thereafter because the Selection Committee

could not be constituted as there was vacancy of Visitor's nominee in the

Selection Committee.

5. Not finding any progress in the constitution of the Selection

Committee, vide order dated 28th January, 2011 notice was issued to the

Additional Solicitor General to ensure that the Visitor to the University i.e.

the President of India appoints the nominee to the Selection Committee.

6. The Visitor to the University has since appointed a nominee to the

Selection Committee. The petitioner has confined the relief claimed only

to expeditious consideration of her case for promotion aforesaid.

7. The counsel for the respondent University states that as per the

prescribed procedure, the petitioner has to in the current year apply afresh

for promotion under the Scheme aforesaid to the concerned Head of

Department; that the Head of Department has to forward the said

application along with an appraisal report to the experts to be constituted

by the respondent University; that the experts would thereafter consider the

case of the petitioner for promotion and if decide favourably in favour of

the petitioner will forward the same to the respondent University which

will then constitute a Selection Committee which will interview the

petitioner. It is contended that unless the petitioner applies afresh in the

current year, the process would not be initiated.

8. The counsel for the petitioner states that the petitioner had become

eligible for promotion in the year 2006; that even though she was in the

year 2008-2009 advised to apply in the following year and so applied but

owing to the delays on the part of the respondent University her case could

not be considered; that she is now due to retire in February, 2012 and

unless considered immediately, would be deprived of the promotion to

which she may otherwise have been entitled to.

9. It has been enquired from the counsel for the respondent University

whether there is any time schedule provided for the procedure as disclosed

hereinabove. The answer is in the negative.

10. In the circumstances aforesaid, it is deemed expedient to fix a time

frame so that the case of the petitioner can be considered immediately.

11. The writ petition is disposed of with the following directions:

(i) the petitioner to apply afresh for promotion under the Scheme

aforesaid on or before 13 th May, 2011.

(ii) upon the petitioner so applying, the remaining proceedings,

depending upon the success at successive steps be completed on or

before 31st August, 2011.

(iii) the petitioner is granted liberty to approach the authorities

from time to time for ensuring that the successive steps are

completed in a timely fashion to enable the final decision to be taken

by 31st August, 2011.

(iv) the Registrar of the respondent University to ensure

compliance of this order.

(v) the petitioner on her part undertakes to from time to time

expeditiously make available the information if any sought from her.

No order as to costs.

Copy of this order be given Dasti under signature of the Court

Master.

RAJIV SAHAI ENDLAW (JUDGE) MAY 06, 2011 bs