CWP No.4394 of 2011.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4394 of 2011 (O&M) Date of Decision: 11.03.2011 **** Rupinder Bhalla . . . . Petitioner VS. DPI (Colleges), Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. ID Singla, Advocate for the petitioner **** SURYA KANT J. (ORAL) (1). Notice of motion to respondent No.1 only at this stage. Ms. Monica Chhibber Sharma, learned DAG Punjab accepts notice on behalf on its behalf. Having regard to the nature of order which I propose to pass, there is no necessity to call upon the respondent No.1 to file its reply/affidavit. (2). The petitioner is working as a Lecturer in Commerce in the SL Bawa DAV College, Batala, District Gurdaspur. It is averred that the petitioner possesses the prescribed academic qualification of M.Com, M.Phil and has also qualified UGC test and is fully eligible for appointment on regular basis. The petitioner has averred that she is being repeatedly CWP No.4394 of 2011.doc - 2 - appointed on contract basis for every academic session since 12.08.1991 onwards. (3). It is averred that the post against which the petitioner has been appointed time and again is duly sanctioned under the Grant-in-Aid Scheme. However, in order to exploit the petitioner who is not in a position to bargain with the mighty management and also to deprive her of the status of a regular Lecturer by adopting the policy of hire and fire policy that the Management is not inclined to fill up the post on regular basis. (4). Having heard learned counsel for the petitioner, I am of the considered view that if the averments made by the petitioner were to be true that despite availability of the regular post of Lecturer in Commerce under the Grant-in-Aid scheme, she is being deprived of the salary and other benefits admissible to a regularly- appointed Lecturer, it might warrant interference of the DPI (Colleges). However, instead of expressing any final views at this stage, I deem it appropriate to dispose of this writ petition with a direction to the Director Public Instructions (Colleges), Punjab to hold a fact-finding enquiry as to why the post of Lecturer in Commerce, if sanctioned under the Grant-in-Aid scheme, has not been/is not being filled up by the CWP No.4394 of 2011.doc - 3 - College on regular basis and as to why the petitioner is being appointed every time on for one academic session only. (5). If it is found that the Management has not acted in a fair and just manner, the DPI (Colleges), Punjab shall take appropriate steps to see that the post is filled up on regular basis under his direct supervision, failing which an action to exclude the subject post from Grant-in-Aid Scheme can be initiated in accordance with law. (6). Let a dasti copy of this order be handed over to Ms. Monica Chhibber Sharma, learned DAG Punjab for information and necessary action. (7). Ordered accordingly. Dasti. 11.03.2011 vishal shonkar (S u r y a K a n t) Judge