CWP No.18169 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.18169 OF 2007 DATE OF DECISION: 14-02-2008 Dr. Dinesh .....PETITIONER VERSUS Kurukshetra University, Kurukshetra and another .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr.Sanjeev K.Tamak, Advocate for the petitioner. Dr.Balram Gupta, Senior Advocate with Mr.Vikrant Hooda, Advocate and Mr.Anurag Goyal, Advocate for the respondents. HEMANT GUPTA, J. The petitioner has sought a writ of mandamus directing the respondents to consider the candidature of the petitioner to the post of Lecturer in Physical Education in the University Teaching Department. It is the case of the petitioner that he is Post-graduate in physical education in Ist Class as well as has qualified National Eligibility Test in terms of the University Grant Commission Regulations for CWP No.18169 of 2007 2 appointment to the post of Lecturer. He has teaching experience of 22 months. It is the case of the petitioner that the criteria framed by the University Annexure P9 suffers from vires of arbitrariness as a candidate, who has Ph.D. Degree to his credit falls in category 5 whereas a candidate with M.Phil. Ist Class falls in category No.3. Dr.Gupta, learned Senior Advocate for the respondents states that rationality of the criteria need not be gone into in the present case as the University will consider the petitioner within zone of consideration and the Selection Committee which has considered the candidature of the other candidates, will consider the claim of the petitioner for appointment to the post of Lecturer in the same manner and as the candidature of the other candidates was considered. The petitioner, if found meritorious on the basis of comparative merit, he shall be re-commended for appointment against the post of Lecturer. Dr.Gupta contends that this concession is meant only for the petitioner in the present selection process. In view of the said fact, the present writ petition is disposed of with a direction to the respondents-University to consider the candidature of the petitioner for appointment to the post of Lecturer in Physical Education by re-convening the Selection Committee with the same experts and in the same manner and in all fairness for appointment to the post of Lecturer. If the petitioner is found meritorious on the basis of comparative merit, necessary steps shall be taken by the University in accordance with law. With the said directions, the writ petition stands disposed of. CWP No.18169 of 2007 3 If the petitioner feels aggrieved against the final selection process, he shall be at liberty to take recourse to his remedy as per law. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) February 14, 2008 JUDGE jt