Delhi High Court
Pranav Gandharv Chaudhary & Ors. vs Union Of India And Ors on 15 February, 2018
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Order: February 15, 2018
+ W.P.(C) 1349/2017 & CM No.6143/2017
PRANAV GANDHARV CHAUDHARY & ORS. ..... Petitioners
Through: Ms.Nupur Kumar, Advocate
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr.Arun Bhardwaj, CGSC for R-1
Mr.Amit Yadav and Mr.Ravinder Agarwal,
Advocates for R-2
Mr.Santosh Kumar and Mr.Manav Gill,
Advocates for R-4
Ms.Beenashaw N.Soni and Mr.Pranav
Kumar Jha, Advocates for R-5 and R-6
Mr.Raman Kapur, Sr.Advocate with
Mr.Rajeev Tiwari, Advocate for R-7 to R-11
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
1. Petitioner-Pooja had applied for the post of Assistant Professor
(Physics) in pursuance to advertisement of 3rd February, 2015 issued by the
respondent-college while she was working on ad-hoc basis in the said
college and she was not selected. She has impugned the selection of
Assistant Professors in Physics which was made on 3rd March, 2016. In the
amended writ of 18th January, 2018, the selected candidates in the discipline
of Physics have been impleaded as respondent no: 7 to 11. Learned counsel
W.P.(C)No.1349/2017 Page 1
for petitioners submits that petitioner-Pooja was duly qualified but
unqualified/ineligible candidates i.e. respondent no: 7 to 11 who had given
false information and had submitted fake certificates have been selected.
Quashing of selection of respondent no: 7 to 11 and issuance of fresh
advertisement is sought in the amended petition. Learned counsel for
respondents submits that in pursuance to impugned selection, not only
respondent no: 7 to 11 but 19 candidates in the discipline of Physics have
been selected and they have already joined.
2. Learned counsel for petitioners submits that after results of all the
selected candidates in the discipline of Physics were declared, RTI
information was sought towards the end of the last year but the details of it,
are not referred to in the writ petition. It is submitted that petitioner-Pooja
has not made any representation to the Vice-Chancellor of the respondent-
University to highlight the irregularities as pointed out in this petition.
3. Upon hearing and perusal of the material on record, I find that against
the Selection Committee of which college Principal is a Chairman, there are
serious allegations of not following due procedure as provided in the Delhi
University Rules and Regulations. Not only this, the allegations are far
more serious of respondent no: 7 to 11 being appointed on the basis of fake
certificates and of selected candidates furnishing false information. Since
questions of fact are involved, therefore, it is deemed appropriate to dispose
of this petition, while calling upon the Vice-Chancellor of respondent-
University to constitute an Independent Committee to look into the selection
process in respect of respondent no: 7 to 11 which has been undertaken in
pursuance to the advertisement of 3rd February, 2015 and after due
W.P.(C)No.1349/2017 Page 2
verification of the certificates/information submitted by the selected
candidates i.e. respondent no: 7 to 11, a reasoned conclusion be arrived at
and the report of the Committee so constituted, be conveyed to Petitioner-
Pooja and to respondent no: 7 to 11, so that the aggrieved party may avail of
the remedy as available in law, if need be. It is expected that the report of
the Committee so constituted, would be conveyed to petitioner-Pooja within
a period of 12 weeks.
4. With aforesaid directions, this petition and the application are
disposed of.
(SUNIL GAUR)
JUDGE
FEBRUARY 15, 2018
mamta
W.P.(C)No.1349/2017 Page 3
