C.W.P. No.5497 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.5497 of 2010 Date of Decision: 05.09.2011 Pratibha ....Petitioner Versus All India Council for Technical Education, New Delhi through its Chairman & others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. H.S.Rakhra, Advocate for the petitioner. Mr. Amit Rao, Advocate for Mr. S.K. Sharma, Advocate for respondent No.1. Mr. Anurag Goel, Advocate for respondents No.2 and 3. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. The prayer of the petitioner is for setting aside the selection/appointments of the candidates to the post of Lecturer in Pharmaceutical Chemistry which was held on 04.03.2010 vide Advertisement No.2/2009. While praying for quashing of the same, it was contended that the petitioner was working as a Lecturer in Pharmaceutical Chemistry in C.W.P. No.5497 of 2010 2 Maharishi Markendaswhar University Maullana, District Ambala (Haryana) since June, 2007. She got Master in Pharmacy from Birla Institute of Technology and Science. Meanwhile, Maharishi Dayanand University, Rohtak advertised various posts vide Advertisement No.2 of 2009. The petitioner had applied for the post of Lecturer in Pharmaceutical Chemistry. She was fully qualified and, therefore, entitled to be considered. However, she was not even called for the interview. It was further contended that the petitioner is Lecturer in Pharmaceutical Chemistry. She has got three International papers. She has done two project works in the area of Pharmaceutical Chemistry. Thus, she was eligible for the post of Lecturer in Pharmaceutical Chemistry. Learned counsel for respondents No.2 and 3 while vehemently opposing the prayer of the petitioner submitted that the petitioner has not impleaded the selected candidates and, therefore, the petition should be dismissed for non-joinder of necessary parties. Secondly, a perusal of Annexure P-1 shows that the petitioner does not have the basic qualification for the post of Lecturer in Pharmaceutical Chemistry i.e Ist Class Masters Degree in appropriate Branch of Specialization which is Pharmaceutical Chemistry. Further, the candidates selected are qualified and possess the required degree of Masters in Pharmacy (Pharmaceutical Chemistry), whereas, the petitioner was not called for the interview as she did not have the requisite qualification. Heard. The applications were invited by the Maharishi Dayanand University, Rohtak vide AnnexureP-4. The petitioner had applied for the post No.8 i.e. Lecturer in Pharmaceutical Science. As per Annexure P-4, the number of posts for this Department were two, out of which, one was reserved and one was for general category and the specialization was one each in Pharmaceutical Chemistry and Pharmacognosy. The same is C.W.P. No.5497 of 2010 3 reproduced as under :- Sr. No. Department Name of post No. of posts Specialization 8 Pharmaceutical Science Lecturer 02 (UR-1, ESM-1) One each in Pharmaceutical Chemistry and Pharmacognosy Further, the minimum qualification and experience prescribed by AICTE vide Annexure P-5 for the post of Lecturer in Pharmaceutical Chemistry is as under :- Sr. No. Cadre Recommendation by the Executive Committee of AICTE 1 Lecturer Qualification and experience for candidates from teaching First Class Masters Degree in appropriate Branch of specialization in Pharmacy (No minimum requirement) A perusal of the above leaves no doubt that one post of Lecturer in Pharmaceutical Chemistry was advertised in the Department of Pharmaceutical Science and the qualification for the post of Lecturer in Pharmaceutical Chemistry is Ist Class Masters Degree in appropriate Branch of Specialization in Pharmacy, whereas, the petitioner's degree (Annexure P-1) no doubt was a degree of Master of Pharmacy but in the specialization of general and special studies. The same does not depict that the petitioner was having the Masters degree in the appropriate Branch of Specialization i.e. Pharmaceutical Chemistry. Moreover, a short reply has also been filed by respondent No.1 i.e. All India Council for Technical Education, wherein, in para No.2 of the said reply, it is submitted that the Degree of Master of Pharmacy awarded by the Birla Institute of Technology and Science at Pilani, Rajasthan is not approved by AICTE. The petitioner has not filed any replication rebutting the averments of the written statement filed either by respondent Nos.1, 2 or 3. The petitioner has not been able to show as to C.W.P. No.5497 of 2010 4 how the degree attained by her in the Master of Pharmacy in the “General and Special Studies” is equivalent to specialization in Pharmaceutical Chemistry which is the essential qualification for the post of Lecturer in Pharmaceutical Science. In view of the above, the present petition is dismissed being devoid of merit. (NIRMALJIT KAUR) 05.09.2011 JUDGE gurpreet