C.O.C.P. No. 346 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 346 of 2009 (O&M) Date of decision: 21.08.2009 Dr. Shalini Aggarwal ....Petitioner Versus Sh. Jiwan Ram Goyal and another ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. R.K. Malik, Sr. Advocate, with Mr. Vishal Malik, Advocate, for the petitioner. Mr. Santosh Sharma and Mr. Akshay Bhan, Advocates, for respondent No. 1. Mr. Kartar Singh, AAG, Haryana, for respondent No. 2. ***** VINOD K. SHARMA, J (ORAL) CM No. 19479-CII of 2009 Allowed. Additional affidavit on behalf of respondent No. 1 is taken on record. CM No. 19480-CII of 2009 Allowed. Applicant-respondent No. 1 is exempted from filing the certified copies of Annexure R-4 and R-5. C.O.C.P. No. 346 of 2009 (O&M) -2- C.O.C.P. No. 346 of 2009 The petitioner has invoked the contempt jurisdiction of this Court for punishing the respondents for having committed contempt of this Court, for not filling up the post of Lecturer in History. The order passed by this Court reads as under: - “Counsel for the petitioner states that in view of letter dated June 17, 2008, issued by the Assistant Director, Colleges-II, for Higher Education Commissioner, Haryana, Panchkula, this writ petition has become infructuous. Copy of the order has been placed on record. In view of letter now issued, the respondents are directed to finalize the process of selection, as per norms, within a reasonable time. Disposed of accordingly.” An additional affidavit has been placed on record, wherein respondent No. 1 has averred that process of selection has already commenced. The affidavit filed reads as under: - “1. That at the outset the present answering respondent wants to submit that he is having the highest regards towards this Hon'ble court and wants to tender his unconditional apology if he is found to be guilty of any disobedience of orders by this Hon'ble Court. 2. That the present affidavit is being filed in pursuance to the liberty given by this Hon'ble court vide order dated 30.07.2009 to explain the latest situation regarding filling up the post of Lecturer in History by the present deponent. 3. That in this regard, it is submitted that as explained vide earlier affidavit by the present deponent dated 29.05.2009 vide Annexure R-3, C.O.C.P. No. 346 of 2009 (O&M) -3- post was duly advertised in the news paper for the purpose of filling up the post of Lecturer of History that as subsequent to advertisement Annexure R-3 dated 22.05.2009, the present deponent issued corrigendum/requirement to the earlier advertisement on 26.07.2009 in the two leading news papers i.e. Denik Jagran in Hindi and The Tribune of English as the present deponent received a letter dated 17.7.2009 from Higher Education Commissioner vide which it has been provided that the “candidates who have acquired Ph.D. upto 31st May 2009 shall also be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment to the posts of Lecturers or equivalent position in Universities/Colleges/Institutions.” A copy of corrigendum dated 26.07.2009 is annexed herewith as Annexure R-4. 4. That as submitted in the earlier affidavit to the effect that the respondent College of which the present deponent is Chairman is grant in aid college and the posts are to be filled up by the Selection Committee which is to be constituted as per rules and regulations and the present deponent even vide letter dated 12.8.2009 has written to the Dean College Development Council M.D. University, Rohtak for appointment of V.C. Nominee and penal of subject expert for the appointment of Lecturer in History against vacant sanctioned post. A copy of letter dated 12.8.2009 is annexed herewith as Annexure R-5. 5. That in view of the aforementioned submissions, it is quite clear that process of filing up the post of Lecturer in History is under process and the C.O.C.P. No. 346 of 2009 (O&M) -4- present deponent is to sit in the Selection Committee only as one of the member out of total eight members i.e. Chairman of the Selection Committee, two V.C. Nominee, Higher Education Commissioner, nominee, subject expert, Higher Education subject expert, Management subject expert and Principal of the College in the said Selection Committee. 6. That the deponent fully ensures this Hon'ble court and states with full sense of responsibility that there is no delay on the part of present answering deponent in filling up the post of Lecturer in History and as and when after selection committee will be constituted, the present deponent will ensure that the selection to the post of Lecturer in History will be done forthwith.” In view of the position explained above, the order passed by this Court stands complied with. The respondents cannot be said to be guilty of violating any order. Rule discharged. (Vinod K. Sharma) Judge August 21, 2009 R.S.