CWP No. 7026 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CWP No. 7026 of 2011 Date of decision: 20.10.2011 Dr. Manisha Kamal ........ Petitioner Versus Pt. B D Sharma University of Health Sciences, Rohtak and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Ram Kumar Malik, Senior Advocate with Mr. Rajat Mor, Advocate for the petitioner Mr. Ramesh Hooda, Advocate for the respondents -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) The petitioner herein is seeking quashing of the order dated 05.03.2010 (P3), vide which, the re-designation of the petitioner as Associate Professor w.e.f. 05.01.2008, has been withdrawn. After hearing learned counsel for the parties, the following facts emerge:- The petitioner was appointed on 02.01.2004 as Assistant Professor on contract basis in the Government Dental College, Rohtak. He continued as such till 29.06.2006. On 30.06.2006, he was admittedly CWP No. 7026 of 2011 2 appointed as Assistant Professor on regular basis. Therefore, the petitioner on having acquired four years experience, was re-designated as Associate Professor vide order dated 06.01.2010 (P2). Later on, without giving him any opportunity of hearing, the aforesaid order dated 06.01.2010 (P2) was withdrawn vide order dated 05.03.2010 (P3). It is not disputed that the said order is passed without hearing the petitioner in spite of the fact that vide Agenda Item No. 15, the Executive Council took a conscious decision and resolved that the experience gained as lecturer/Assistant Professor on contract basis in PGIMS/Dental College, Rohtak be counted towards re- designation with notional benefits. It was also resolved that the said decision will be applicable to all the teachers of University and affiliated colleges. It has not been denied that the services of the similarly situated persons, appointed on contract basis, were taken into consideration. The petitioner sought information through RTI and he was informed that Dr. Naveen Malhotra, Dr. Sanjeev Parshad, Dr. Meenakshi Barasaul, Dr. Zile Singh were re-designated by counting their adhoc/contract service, whereas, the petitioner was arbitrarily left out. In view of the above, the order dated 05.03.2010(P3) is quashed and the matter is disposed of with direction to the respondents to pass a fresh order after hearing the petitioner as also keeping in mind the facts mentioned within one month from the receipt of the certified copy of this order. Till as such time the final order is passed, the respondents shall not proceed with the appointment to the post of Senior Professor in the concerned faculty i.e. the post of Senior Professor (Orthodontics) as well as as for atleast for two weeks after the passing and conveying of the fresh CWP No. 7026 of 2011 3 order to the petitioner, in case, the same is adverse to the claim made by the petitioner. Disposed of in the above terms. (Nirmaljit Kaur) Judge 20.10.2011 mohan