K. D. Shahi, J. - (1.) BY this petition, petitioner Smt. Rukma Rawat has challenged the order dated 7th January, 1988, passed by the Chancellor, Garhwal University, Lucknow, and has prayed for Issue of a writ in the nature of certiorari quashing the impugned order dated 7th January, 1988. The further prayer is to issue a writ In the nature of mandamus commanding the respondents not to Interfere with the petitioner's functioning as a Lecturer in Sociology, Swami Tilth Constituent College of the Garhwal University, Tehri, in pursuance of her appointment letter dated 8.5.1987.
(2.) BRIEFLY stated the facts are that an advertisement was got published in a daily newspaper Times of India' dated 23rd January, 1987, inviting applications for appointment of a Lecturer in Sociology in Garhwal University. The qualifications indicated in the said advertisement were In accordance with Statute 11.01 (5), 11.01 (6) and 11.01 (7) Gha of the Garhwal University, a copy whereof is Annexure 4 to the writ petition. A copy of the advertisement has also been annexed as Annexure 5 to the writ petition. The petitioner applied for the said post along with other candidates. The petitioner received the call letter and appeared In the Interview before the Selection Committee consisting of five members, namely, (1) Sri S. K. Srivastava, Head of the Department of Sociology, Banaras Hindu University, (2) Professor Sharad Kumar Singh, Head of the Department of Sociology, Kashi Vidyapith, Varanasi, (3) the Vice Chancellor, Garhwal University, Srinagar, (4) Dr. D. P. S. Khanna, Head of the Department of Sociology, Garhwal University and (5) Dr. P. S. Rawat, Principal Swami Rama Tirth Constituent College, Tehri. Incidentally, the last member Dr. P. S. Rawat was the husband of the petitioner. He did not participate in the proceedings. After the Interview was over, the selection committee prepared a select list In which the petitioner was placed at serial No. 1, Km. Kiran Dhaunidiyal was placed at serial No. 2 and Smt. Jyoti Gairola, respondent No. 4 was placed at serial No. 3. It was recommended that the petitioner may be appointed as Lecturer in Sociology. The said recommendation was sent to the Executive Council of Garhwal University. The Garhwal University approved the appointment of the petitioner as Lecturer in Sociology. She received the appointment letter (Annexure 8 to the writ petition) and joined as Lecturer in Sociology at Garhwal University on 8.5.1987. Smt. Gairola, respondent No. 4, filed a petition before the Chancellor under Section 68 of the Universities Act. The petitioner received the Intimation by letter dated 7th September, 1987, to submit her reply to the petition filed by Smt. Jyotl Gairola. She submitted her reply on 5/6.10.1987. She also filed a supplementary reply on 24.9.1987. It was alleged that Smt. Jyoti Gairola did not possess Ph.D. Degree in Sociology at the time of Interview, Inasmuch as her Ph.D. Degree was declared on 7.5.1987 and as such she could not claim benefit of subsequent qualification. The petitioner submitted before the Chancellor that she had research experience of four years and she was continuously working for Ph.D. Degree. The duly constituted selection committee looked into the educational qualification and found her suitable for appointment as Lecturer in Sociology. The petitioner further submitted that in any view of the matter her case stood on higher footing and she was a better qualified candidate than Smt. Jyoti Gairola. The petitioner got published four papers of Sociology before appearing in the interview, but the Chancellor on Incorrect statement of facts given by the Vice Chancellor held that the petitioner was not a research scholar. Consequently, he set aside the order of appointment of the petitioner by the order dated 7th January, 1988, a copy whereof Is Annexure 18 to the writ petition, and directed that the post shall be readvertised and be filled up In accordance with law. Shri P. Gairola husband of Smt. Jyotl Gairola filed a counter-affidavit on her behalf and refuting the allegations made in the writ petition. On behalf of respondent No. 1, the Chancellor, Garhwal University, one Sri Naveen Chandra filed counter-affidavit and alleged that the minimum qualification for the post of Lecturer in Sociology is Ph.D. Degree and the petitioner did not possess the said degree. She had not acquired research experience and there was no finding of the selection committee that the petitioner was being granted relaxation of the said degree. Thus, the petitioner was not qualified for the said post. It was further alleged that the Vice Chancellor, Garhwal University, respondent No. 4, informed the Chancellor that the selection committee did not grant relaxation In respect of minimum qualification for the said post. The letter of the Vice Chancellor dated 16/17.11.1987 has been filed as Annexure CA1 to the counter-affidavit. It was further reiterated that the selection committee did not disclose whether or not it applied its mind to this aspect of the matter and granted relaxation in respect of any other candidate. There is no finding much less positive finding of the selection committee and in its absence it cannot be presumed that the selection committee considered the matter of relaxation of minimum qualification while recommending the name of the petitioner for the aforesaid post.
(3.) ON behalf of respondent No. 2, the Vice Chancellor, Garhwal University, Sri Lalit Mohan filed counter-affidavit and in paragraph 15 whereof it was alleged that although the academic record of Smt Rukma Rawat was better than Smt. Jyotl Gairola, but the requirement of holding Ph. D. Degree/research work of two years was not relaxed by the selection committee. Copy of the proceedings of the selection committee Is Annexure CA4 to the counter-affidavit. The name of respondent No. 3, Dr. P. S. Rawat, husband of the petitioner has since been deleted from the array of the respondents.;