CWP No.18950 of 2006, CWP No.14874 of 2006 & CWP No.369 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18950 of 2006 Date of decision:14.09.2010 Dr.Vibha Malik ....Petitioner Versus State of Haryana & others ....Respondents. CWP No.14874 of 2006 Date of decision:14.09.2010 Dalsher Mann ....Petitioner Versus State of Haryana & others ....Respondents. CWP No.369 of 2007 Date of decision:14.09.2010 Vibha Malik ....Petitioner Versus State of Haryana & others ....Respondents. ****** CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Bhag Singh, Advocate, Mr.R.D.Sharma, DAG, Haryana, Mr.K.D.S.Hooda, Advocate. ****** Permod Kohli J. Though the reliefs claimed are apparently distinct, however, the reliefs are inter-linked and are based on commonality of facts. Thus, the petitions are being disposed of by this common judgment. CWP No.18950 of 2006, CWP No.14874 of 2006 & CWP No.369 of 2007 2 The petitioner was appointed as a Lecturer in Hindi in the Jat Sr.Secondary School, Hisar run by Sh.Chajju Ram Memorial Jat Education Society, Hisar in the year 1989. Petitioner was M.A. B.Ed. at the time of her initial appointment and she subsequently done Ph.D. from the Panjab University in the year 1997 and M.Ed. in the year 2002. Sh.Chajju Ram College of Hisar run by the same Society, published an advertisement to fill up four posts of lecturers in Hindi, Social Studies, Mathematics and Phycical Education on consolidated salary on Rs.8000/- + D.A. Petitioner applied for the post and on the basis of interview, came to be selected and was accordingly appointed as Lecturer vide order dated 24.08.2002. She joined the said post in the College. In view of the ban on recruitment imposed by the State Government, no regular appointment was being made in the aided institutions. Thus, the appointment was only on consolidated salary. In the year 1996, the Government lifted the ban for recruitment for the academic session 1998-99. It is alleged that during this period, two persons were appointed in the subjects of English and Mathematics and a third post of Lecturer in Hindi also became available for recruitment on account of retirement of Dr.Jain on 31.12.2000. A fourth vacancy of Lecturer in Social Studies also fell vacant due to the promotion of one Sh.R.S.Malik, Principal and fifth vacancy fell vacant due to the retirement of Mr.Bhardwaj, Lecturer in Mathematics. The Management of the College, vide its advertisement dated: 17.07.2006, published in 'The Tribune', invited applications for the posts of Lecturer in Social Studies, reserved for Scheduled Castes and Mathematics for General Category. This advertisement was CWP No.18950 of 2006, CWP No.14874 of 2006 & CWP No.369 of 2007 3 challenged by Dalsher Mann, petitioner in CWP No.14874 of 2006 whereas petitions- CWP No.18950 of 2006 & CWP No.369 of 2007 have been filed by Vibha Malik. The Management accordingly issued the corrigendum in 'The Tribune' dated: 13.11.2006 and two posts advertised were in the following manner: 1. Social Studies One General Category 2. Hindi One Reserved for Scheduled Castes In view of the corrigendum, CWP No.14874 of 2006 filed by Dalsher Mann wherein original advertisement dated: 17.07.2006 was challenged, is rendered infructuous. The corrigendum dated: 13.11.2006 is subject matter of challenge in CWP No.18950 of 2006. The contention on behalf of the petitioner- Vibha Malik is that the respondents have issued this corrigendum with a view to deprive the petitioner to seek appointment on regular/permanent vacancy of Lecturer in Hindi. It is stated that the State Government has issued policy decision dated: 18.12.1996, applying the reservation to the aided institutions and by subsequent guidelines dated: 02.06.2006, a Roster has been prescribed for making appointment against the reserved vacancies. According to the guidelines notified for a block of 20 posts, the Roster is to be applied in the following manner: Total Posts (Roster Point) Already filled up Remaining to be filled up General 16 (1, 2, 3, 5, 6, 7, 9, 11, 13, 15, 17, 19, 20, 21, 23, 25) 2 14 SC 5 (4, 8, 14, 18, 24) 1 4 BC 3 (10, 16, 22) 1 2 PH 1 (26) - 1 CWP No.18950 of 2006, CWP No.14874 of 2006 & CWP No.369 of 2007 4 Total Posts (Roster Point) Already filled up Remaining to be filled up ESM 1 (12) - 1 Total 4 22 According to this chart, first 3 vacancies are meant for General Category, 4th for Scheduled Castes and again, 5 to 7 for General Category. According to the averments made by the petitioner in the writ petition, first 2 vacancies were occupied by Shalini Gupta and Prem Singh for the disciplines of English and D.P, the third vacancy was occupied by Dr.Jain who was Lecturer in Hindi. Dr.Jain retired on 31.12.2000 and thus, the third vacancy for the discipline of Hindi became available for the General Category. The 4th vacancy of Social Studies was occupied by Sh.R.S.Malik who was appointed as Principal on 08.05.2002 whereas the fifth vacancy of Lecturer in Mathematics and has fallen vacant due to retirement of Dr.Bhardwaj, Lecturer, Mathematics. It is, thus, contended in the corrigendum issued that the vacancy of Lecturer for Hindi should have gone to General Category but it has been wrongly notified for Scheduled Castes with the sole object of depriving the petitioner of her right of consideration against the General Category vacancy of Lecturer in Hindi. This contention of the petitioner is vehemently opposed by the respondents in the reply. The State of Haryana, in its short affidavit, has stated that the reservation policy is to be applied on the total number of posts in all the aided colleges. It has further stated that usually a private college has its own seniority list and also the number of posts in each subject and its roster policy cannot be imposed in strict sense. The college, in its reply, has given the details of posts occupied and vacant in the college. The CWP No.18950 of 2006, CWP No.14874 of 2006 & CWP No.369 of 2007 5 first vacancy for the discipline of Physical Education stands filled up on 14.11.1998, second vacancy of English was filled up on 16.11.1998. The third vacancy of Social Studies became vacant on account of promotion of Dr.R.S.Malik to the post of Principal retrospectively in view of the judgment of the High Court. The 4th and 5th vacancy in the discipline of Hindi and Mathematics became available to be filled up. The 4th vacancy of Hindi being reserved for Scheduled Castes has to be given to the Scheduled Castes candidate under the Roster. From the Notification (Annexure P10), it is evident that the 4th vacancy has to go to the Scheduled Castes and thus the respondent-College rightly notified this vacancy of Lecturer Hindi for Scheduled Caste in its corrigendum dated: 13.11.2006. The contention of the petitioner that the vacancy has to go to General Category is based on misapplication of the Government Notifications and is rejected. In CWP No.369 of 2007, the petitioner has challenged order dated: 03.01.2007 (Annexure P12) whereby the petitioner has been shifted from College to School. It may be noticed that when the petitioner was serving as a Lecturer in the Sr.Secondary School run by the respondent- Society, she was selected and sent to the Chajju Ram College of Education, Hisar vide order dated: 24.08.2002 (Annexure P2) pursuant to the decision of the governing body of the Jat Senior Secondary School, Hisar in its meeting held on 21.08.2000. While the petitioner was serving in the Chajju Ram College of Education, a regular/permanent vacancy of Lecturer in Hindi was advertised which was challenged by the petitioner in CWP No.18950 of 2006. It is alleged that in view of the CWP No.18950 of 2006, CWP No.14874 of 2006 & CWP No.369 of 2007 6 challenge made by the petitioner, the Management has shifted the petitioner back to the Senior Secondary School in a mala fide manner vide the order dated 03.01.2007 (Annexure P12). It is contended on behalf of the petitioner that her selection for the post of Lecturer in the Chajju Ram College of Education, Hisar was on regular/permanent basis (against a non-aided post) on the basis of an advertisement and selection made by the selection body. It is argued that after having selected and appointed the petitioner against an available post of Lecturer in the College, the action of the respondents in re-shifting the petitioner to the Senior Secondary School is illegal and is liable to be set aside. Respondents, in their reply, have disputed the contention of the petitioner. It is stated that petitioner was temporarily deputed/shifted to the Chajju Ram College of Education, Hisar by the Management and her lien continued to be with the School. The Management, thereafter, re-transferred the petitioner back to the Senior Secondary School vide the impugned order and the order neither suffers from any illegality nor any mala fide can be attributed against the Management. From the order dated: 24.08.2002, it appears that the petitioner was shifted from the Senior Secondary School to the College till further orders. This shifting was on the basis of a Resolution No.5.1, adopted by the Management in the meeting held on 21.08.2001. Management was asked to produce the original Resolution register. From the minutes of the meeting dated 23.08.2002, it appears that the petitioner was deputed to the College on temporary basis. Petitioner was never appointed on permanent basis in the College. Thus the contention of the petitioner that she was permanently selected and appointed in CWP No.18950 of 2006, CWP No.14874 of 2006 & CWP No.369 of 2007 7 the College is not sustainable. Vide the subsequent Resolution dated 03.01.2007, she has been re-transferred to the School wherefrom she was brought on temporary basis. I do not find that there is any illegality in re-transfer of the petitioner to the School. In view of the above circumstances, there is no merit in CWP No.18950 of 2006 and CWP No.369 of 2007. These petitions are also dismissed. No order as to costs. 14.09.2010 (Permod Kohli) sailesh JUDGE