RAJESH HAMDARD Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has challenged the action of respondent No. 2 whereby he was not called for interview to the post of Lecturer Computer Science and Engineering that was advertised by the said respondent vide notice published in "The Tribune" dated 30th August, 2001 vide Annexure P/6.

(2.) Case as set -up by the petitioner in this writ petition is that he was eligible for being considered for the said post as he fulfilled the minimum required qualification. Action of the respondents in not calling the petitioner for interview, according to learned Counsel is not only illegal, but is arbitrary and unjust, thus violating Articles 14 and 16 of the Constitution of India and may be declared as such. With a view to support his this submission, Mr. Maniktala submitted that his client had a vested right for being called for interview as well as of consideration being eligible for the post in question. Short listing was wrongly done by respondent No. 2 after receipt of applications because this was not permitted by rules nor was so stated in the advertisement. There being no provision in rules and no mention in the advertisement, petitioner ought to have been called. Thus he has prayed for allowing this writ petition.

(3.) When put to notice, it was urged on behalf of respondent No. 2 that so far short listing is concerned, it is nothing new or unknown keeping in view the fact that well qualified and better professional in the subject are engaged for imparting education to the students. In addition to this short listing/screening is acknowledged where the number of applicants is large. He fairly stated that it does not have to be arbitrary. He further pointed out that interview in question stands cancelled and further petitioner has no locus standi to maintain the writ petition. Besides this, stand of respondent No. 2 is that in response to advertisement, Annexure P -6, as many as 32 candidates had applied. Screening committee after examining all the applications, recommended six candidates to be called for interview who all are possessing higher qualification in Computer Science and Engineering. Thus according to him short listing/screening process as has been undertaken by respondent No. 2 needs to be upheld. Recommendations made by the committee in that behalf are reflected in Annexure R -2 placed on record.