Regular Second Appeal No. 835 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 835 of 2009. (O&M) Date of Decision: 20.2.2009 *** Rajinder Parshad .. Appellant VS. State of Haryana & Ors. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Sunil K. Bhardwaj, Advocate for the appellant. *** ARVIND KUMAR, J. This is plaintiff's regular second appeal against the judgment and decree dated 29.11.2008 passed by learned First Appellate Court below by virtue of which the judgment and decree dated 22.5.2008 passed by the learned trial court, decreeing the suit of the plaintiff has been set aside and the suit has been dismissed. The brief facts of the case are that the appellant-plaintiff filed a suit seeking his appointment on the post of Guest Lecturer in Hindi with respondent No.3. Although the learned trial court decreed the suit by directing the respondents to consider the case of the plaintiff for the said post, but the learned Appellate Court below, on an appeal, preferred by the respondent-Department, reversed the findings of the learned trial court. The observations made by the learned Appellate Court below while dealing with the issue as to whether the plaintiff is entitled for being appointed to the said post, are relevant and read as under:- “14. It is worthwhile to mention over here that in the present case, the main dispute between the parties is that whether the plaintiff is entitled for appointment as Guest Regular Second Appeal No. 835 of 2009 2 Lecturer for Hindi subject, on the ground alleged in the plaint, the same was made issue No.1 by the trial court. The plaintiff has based his case upon order No.15/59- 2005-CO(3) dated 16.12.2005, which was issued by Financial Commissioner and Principal Secretary to Govt. Haryana, Education Department, Chandigarh, which was issued for filling the vacant posts of teachers on Guest Faculty for the academic session 2006-07 against the sanctioned vacant posts. Criteria was also laid down in that order, in para no.2 of the criteria, the minimum prescribed periods for lecturer was thirty for one week, in the procedure laid down in that letter, it was mentioned at para No.1 that the Head of Institutions would engage teacher on Guest Faculty, on the basis of vacancies and workload and the Principal after assessing the requirement will display the requirement on a board, displayed at the Main Gate of the Institution and in case of school having post of Principal or Headmaster vacant, the DDO/BEO would assess the requirement and display the same. It was also laid down in the procedure that the applicant should submit their applications for offering their services as Guest Faculty for a specific period as per the requirement/ or the arrival of the regular incumbent and, thereafter, Principal/ Headmaster/ DDO will process all the applications and thereafter make a merit list. It was also made clear that all the vacancies to be filled up to 15.10.2006 positively. This letter was issued on 18.9.2006, while the claim of the plaintiff is based upon letter No. 15/59-2005-CO(3), which was issued in the year 2005 and according to which, the plaintiff applied for Hindi Lecturer in December 2005, as averred in para no.3 of the plaint. In para no.3 of the plaint, instructions No. 15/59-2005-CO(3) dated 16.12.2005, has been mentioned but neither the plaintiff nor the defendant Regular Second Appeal No. 835 of 2009 3 have proved the said letter, what has been proved by the plaintiff as Ex.P1, is letter dated 18.9.2006 which was issued in the subsequent session and cannot help the plaintiff in order to prove his case, as the case of the plaintiff is based upon instructions/ letter issue in the year 2005, therefore, in absence of that letter, it cannot be said whether the plaintiff was entitled to claim his appointment. 15. Further, as averred by the defendants, there was requirement of 36 periods in a week, for appointing lecturer on Guest Faculty, but as 36 periods were not available and there was no requirement of Guest Faculty in the Session 2006-07. In his case, plaintiff could not prove that there was any advertisement/ publication regarding the requirement of Guest Faculty for Hindi Lecturer, therefore, any application on the post of Hindi Lecturer was not required to be processed, thus, any procession of application for Hindi Lecturer was not valid, even as per conditions laid down in document Ex.P1. Thus, the merit list prepared by the Section Committee has no relevance regarding the recruitment of Guest Faculty for the session 2006-07. Further the finalization of merit list prepared in the year 2005 also deprived the candidates, who became eligible in the year 2006 and therefore, the said list cannot be declared valid. Therefore, the plaintiff/ respondent is not entitled for his appointment on the basis of list prepared by the Selection Committee. The contents of letter as re- produced in written statement filed by defendants No.1 and 2, show that engagement of guest teachers was to be made till 31.3.2006, therefore, the said instructions were meant for appointing Guest Faculty upto the period 31.3.2006 and, therefore, any appointment after 31.3.2006 cannot be claimed on the basis of that letter. Though, the application for appointing guest teacher, Regular Second Appeal No. 835 of 2009 4 submitted by the plaintiff/ respondent, has not been proved by the plaintiff or the defendants, but as per procedure laid down in the letter for recruitment of Guest Teacher for the session 2005-06, the application would have contain the declaration to the effect that the services are being offered for a specific period i.e. from the date of appointment till 31.3.2006, therefore, any person moving application containing therein the said declaration, cannot claim further appointment after 31.3.2006. Further as per averments in the written statement filed by defendant No.3, he is not entitled for appointment which was done by the Principal, Government Senior Secondary School, Barwa, after receiving the applications for the post of Hindi Lecturer. Therefore, in view of policy circulated on 16.12.2005, the plaintiff cannot claim his entitlement for his selection as Guest Faculty for the year 2006-07. The authority cited by counsel for the plaintiff in case titled as JOG DHIAN VS. FINANCIAL COMMISSIONER, HARYANA AND OTHERS” is not applicable in the present case, in view of the above discussion as no injustice as alleged has been done to a party, which is needed to be undone. Another authority “JARNAIL SINGH, SCIENCE MASTER AND OTHERS VS. KHALSA HIGH SCHOOL, AMBALA CITY AND OTHERS”, is not applicable to the facts of the present case, as that case was relating to non-payment of salary to the teacher in violation of Article 21 of the Constitution of India, while the present case relates to appointment of teacher. The case titled as CHAND VS. SPECIAL SECRETARY TO GOVT. OF PUNJAB RURAL DEVELOPMENT AND PANCHAYAT DEPTT. CHANDIGARH AND OTHERS:, is not relevant to the present controversy, as in that case civil rights were denied, while in the present case rights are to be decided in view of letter dated 16.12.2005, requirement Regular Second Appeal No. 835 of 2009 5 of which, petitioner does not fulfill. Hence, it is observed that the trial court had not correctly decided issue No.1 in favour of the appellant/ defendant and against the plaintiff/ respondent. Therefore, the trial court caused error while deciding issue No.1.” From the above-said findings, it is clear that what has been opined by learned first appellate Court below is based on the material placed on record and justifiably concluded that the plaintiff cannot claim appointment as a matter of right. Thus, in the facts and circumstances of the case, it cannot be said that the approach of the appellate Court below is either illegal or perverse. Nothing has been shown to take a contrary view. No substantial question of law, which is sine qua non for admission of appeal is made out. The appeal is wholly without merits and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE February 20,2009 Jiten