N. K. Sud, J. - (1.)The petitioner herein was a Lecturer in the Department of Geography, Maharshi Dayanand University, Rohtak (for short "the University"). His services were terminated by the University vide order dated 2.12.1997 (Annexure P-10). The petitioner is aggrieved by the said order as according to him his services had been illegally terminated.
(2.)The facts giving rise to this controversy are that an advertisement was issued by the University on 18.10.1995 for two posts of Lecturers in Geography. One of these posts was reserved for the Scheduled Castes and we are not concerned with the said post in this writ petition. The petitioner had sent in his application for the post of the Lecturer in open category and had been called for interview along with 25 other candidates on 28.11.1995. The interview committee recommended a panel of three names in order of merit as under:- 1) Sh. Sachinder 2) Sh. Pradeep Kumar (the petitioner herein) 3) Ms. Preeti Rekha
(3.)The recommendation of the selection committee was approved by the Executive Council of the University in its meeting held on 8.12.1995. In accordance with this recommendation appointment was offered to Sh. Sachinder who has been placed at Sr. No. 1 in order of merit. He has admittedly accepted this position and is working against the said post. Meanwhile a leave vacancy occurred in the Department of Geography against the post of Reader. Another Lecturer in this department Dr. Nina Singh, who was qualified for this position, was given appointment against this leave vacancy on 8.12.1995. As a consequence of Dr. Nina Singh joining as a Reader, a leave vacancy occurred against the post of Lecturer in the Department of Geography. The petitioner was appointed against this post of leave vacancy on 11.12.1995. In the letter of appointment it had clearly been explained that the same was against a leave vacancy and as such was temporary in nature.