IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc. No. 9058 of 2008 with Civil Writ Petition No. 13274 of 2007 Date of decision: 23rd May, 2008 Gurinderjit Kaur … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. A.P.S. Shergill, Advocate for the petitioner. Mr. Anupam Gupta, Advocate for respondent Nos.2 to 6. KANWALJIT SINGH AHLUWALIA, J. CM No. 9058 of 2008 CM allowed, subject to just exceptions. Rejoinder along with Annexure P-13 and P-22 taken on record. CWP No. 13274 of 2007 Gurinderjit Kaur has filed present writ petition for issuance of a direction to respondent Nos. 1 to 6 not to terminate her services, except in accordance with the rules and procedure governing the service of the petitioner. She apprehends that since she has made a complaint before the Civil Writ Petition No. 13274 of 2007 vigilance authorities against respondent-Vice Chancellor, he has been proclaiming that the services of the petitioner will be terminated. A direction has further been sought that the respondents should regularize the services of the petitioner. It has been contended that petitioner was selected by respondent No. 4 on 26.07.2001 and was appointed as a Research Scholar in Punjab Technical University on temporary/ contract basis w.e.f 21.07.2001 on a consolidated salary of Rs.6000/- per month for one year, as there was no regular appointee. It has been further stated that the respondent-university has been extending the appointment from time to time and petitioner continued to work as Research Scholar drawing Rs.6512/- per month. It has been further urged that the Vice Chancellor of the university has demanded Rs.5.00 lakh for regularizing the services of the petitioner. Petitioner, who has been appointed on temporary/ contract basis, had leveled wild allegations against the Vice Chancellor. We cannot appreciate the conduct of the petitioner, who, as a Research Scholar has not spared the Vice Chancellor and has leveled allegations only to sensationalize the whole issue. In the reply filed by the University, in preliminary objections, it has been stated that petitioner is a Research Scholar doing Ph.D. and requires to submit his/ her Ph.D. thesis within a stipulated timeframe for award of Ph.D. degree. Therefore, petitioner is not holding any post in the service of the University and in fact, it is not a post in the service of the University, which can be regularized. It has been further stated that a Research Scholar is engaged for a maximum period of four years from the date of registration as a candidate for Ph.D. and same is extendable by one more year, at the most, by the Vice Chancellor on the 2 Civil Writ Petition No. 13274 of 2007 recommendations of Research Degree Committee. It has been further stated in the reply that petitioner was appointed as a Research Scholar in the University in July 2001 and formally registered for a full time Ph.D. programme in the Punjab Technical University on 04.03.2002 and petitioner has already consumed more than the maximum period prescribed and permissible for completion of research and submission of her Ph.D. thesis. Be that as it may, since petitioner was appointed on contract basis, she cannot claim regularization as a matter of right. Furthermore, no directions, as prayed for, can be issued to the respondents to continue with services of petitioner for the times to come. Hence, there is no merit in the present writ petition and the same is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE [ASHUTOSH MOHUNTA] JUDGE 23rd May, 2008 rps 3