IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 3521 of 2009 Date of Decision: 26.8.2010. Dr. Fakir Chand --Petitioner Versus Kurukshetra University, Kurukshetra and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Tribhuvan Dahiya, Advocate for the petitioner. Mr. Anurag Goyal, Advocate for respondent no.1. Mr. R.D. Sharma, D.A.G., Haryana for respondents no.2 & 3. *** PERMOD KOHLI.J (ORAL) The petitioner is a Lecturer in the discipline of Physics in the Kurukshetra University, Kurukshetra. The short grievance of the petitioner is that the university is not providing any reservation for S.C/S.T candidates at the level of Readers and Professors as per the resolution adopted by the university on 31.5.1985. From the perusal of Annexure P-6 it is clear that the Executive Council of the university had adopted a resolution on 31.5.1985 to follow the reservation pattern as contained in the letter dated 16.12.1980 from the Chief Secretary to Govt. Haryana which inter alia provides for reservation for direct recruitment in the following manner:- “ By Direct Recruitment:- 1. For Scheduled Castes : 20% 2. For Backward Classes : 10% 3. For Ex-servicemen : 5%” The university vide this meeting adopted the aforesaid Govt. policy for reservation for S.C., B.C. and Ex-servicemen candidates in the CWP. No. 3521 of 2009 -2- university. It was further decided that the policy of reservation will also be applicable to all categories of teachers including Professors, Readers and Lecturers as is evident from para 3 of the aforesaid resolution. The U.G.C formulated its guidelines and communicated to all the Central, State and Deemed Universities vide its letter dated 25.8.2006. Under the guidelines 15% and 7.5% reservation is prescribed for S.C and S.T candidates in the direct recruitment quota for all Central and State universities including the deemed universities. On the basis of the aforesaid policy of the U.G.C the respondent-university approached the State Govt. vide letters dated 20.6.2007 and 12.9.2008 seeking clarification whether the reservation in terms of the U.G.C guidelines is to be provided at higher levels like Professors and Readers as well. It is mentioned that earlier the reservation policy was applied to only Lecturers in terms of the earlier instructions of the Govt. as communicated vide letter dated 7.3.2002 (Annexure R-1/2). In the reply filed by the State-respondent, reference is made to a communication dated 10.4.2009 Annexure R/1 from the Commissioner, Higher Education, Haryana to the Registrar of the Kurukshetra University communicating that the State Govt.'s policy as per past practice be adopted and no deviation in this regard is permissible. As far the earlier policy of the Govt. is concerned, the Chief Secretary's communication clearly permits that the reservation will be made only up to level of Lecturers. There is nothing on record to indicate that the State Govt. has taken decision on the request of the university vide letters dated 20.6.2007 and 12.9.2008 whether to modify the Govt.'s policy of reservation to make it applicable at the level of Readers and Professors. CWP. No. 3521 of 2009 -3- In view of the above, this petition is disposed of with a direction to the State Govt. to take a decision whether the U.G.C.'s guidelines for reservation at the level of Readers and Professors is to be adopted or not. Let the decision be taken in the light of the U.G.C. Guidelines (Annexure P-11) within a period of one month from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 26.8.2010. lucky