Chandigarh Admn. Th. Dir. Pub. Instrn vs Usha Kheterpal Waie & Ors

2. There are four Government Arts and Science colleges in Union Territory of Chandigarh. Till 1988, the Chandigarh Administration, appellant herein, used to fill the vacancies of the post of Principal of the Arts and Science colleges by deputation from neighbouring States of Punjab and Haryana. When the post of Principal in Government College for Boys, 2 Sector 11, Chandigarh was due to fall vacant on 29.2.1988 on superannuation of a deputationist, two UT cadre lecturers filed an application before the Central Administrative Tribunal, Chandigarh, seeking a direction that UT cadre lecturers from the Government Arts & Science Colleges should be considered for the post of Principal instead of taking someone on deputation from the neighbouring states. The said application was ultimately disposed of with a direction to the Chandigarh Administration to consider the case of the applicants and other lecturers of UT cadre who may fall within the zone of consideration as may be determined by a competent authority, for regular appointment to the post of Principals of the Government Arts & Science colleges, on the basis of relevant criteria, and appoint those who were found suitable. In pursuance of the said order, the Chandigarh Administration fixed 30 years experience as Lecturer as the eligibility criterion for promotion of lecturers to the post of Principal, though at that time (1989-90) there were no lecturer with 30 years experience in the cadre. As no UT cadre lecturer possessed such experience, again deputationists were appointed as Principals in the said colleges.

3. Feeling aggrieved, the UT cadre lecturers again approached the Tribunal and their applications were allowed by the Tribunal by order dated 3 12.1.1991, quashing the order prescribing 30 years experience as also the order appointing deputationists. Thereafter, whenever vacancies arose, it is stated that the appellant promoted UT cadre lecturers as Principals. It may be mentioned that persons so promoted did not possess a Ph.D. degree.

4. By notification dated 13.1.1992, Chandigarh Administration adopted the corresponding Service Rules of Punjab with effect from 1.4.1991 to govern the conditions of service of its employees, where it had no rules governing the matter. The effect of it was that the provisions of Punjab Educational Service (College Grade) (Class I) Rules, 1976 (as amended in 1983 (for short `1976 Punjab Rules') became applicable in regard to the recruitment of candidates to UT college cadre. Under the said 1976 Punjab Rules, the qualification and experience for appointment to the service was as under: For direct recruitment : (a) MA, first division or high second division (50%) in relevant subject or an equivalent degree of a foreign university with eight years teaching experience; (b) Ph.D. with eight years teaching experience; By promotion : Experience of working as a lecturer for a minimum period of eight years.

As per the said Rules, the appointment to the posts of Principal in Government Arts and Science Colleges was 25% by direct recruitment and 75% by promotion. The said rules prescribed the educational qualification of Ph.D. for appointment to the post of Principal by direct recruitment. The appellant advertised a post of Principal (which was falling vacant on 31.7.2001) on 14.7.2001 prescribing the following eligibility criteria as per the said Rules :

Therefore, the advertisement issued in terms of the said Recruitment Rules was valid.

Therefore, it cannot be said that the prescription of Ph.D. is unreasonable.

15. In view of the above, we allow this appeal and set aside the order dated 22.4.2002 of the Tribunal and the order dated 26.10.2005 of the High Court. The original application (OA No.648 - CH of 2001) filed by respondents 2 to 5 before the Tribunal is dismissed. The prayer that Chandigarh Administration should be directed to fill the vacancies of Principals in accordance with the eligibility criteria as was prevalent prior to the issue of the notification dated 14.7.2001, is rejected. The notification prescribing educational qualification of doctorate degree or equivalent with 55% marks at the Master's Degree Level examination or 12 years teaching experience of degree classes in a college affiliated to any university or equivalent is upheld as validly prescribing the qualifications for filling the post by direct recruitment.