Shashi Kant Gupta, J. - (1.) THIS writ petition has been filed by the petitioner for quashing the impugned order dated 23.11.2006 passed by respondent No. 3 and for directing the respondents to accord approval and appoint the petitioner on the post of Lab. Assistant (Chemistry) forthwith with all consequential benefits.
(2.) THE background facts in a nutshell essentially are as follows : Raghu Nath Girls (PG.) College, Meerut (in short "institution") is affiliated to Chaudhary Charan Singh University, Meerut and is governed by Higher Education Services Commission Act, U. P. State Universities Act, 1973 and statutes made thereunder. THE aforesaid institution issued an advertisement inviting the applications for the post of Clerk, Bursar and Laboratory Assistant (Chemistry). THE essential qualification mentioned in the aforesaid advertisement for the post of Lab Assistant (Chemistry) was Intermediate with Chemistry and the candidates having experience in computer was to be given priority over other candidates. Petitioner possessed the qualification as mentioned in the aforesaid advertisement, hence he applied for the post of Lab. Assistant (Chemistry) and was called to face an interview. As per the advertisement the post of Lab. Assistant (Chemistry) was not reserved for women. Petitioner after fulfilling all the formalities appeared before the selection committee for interview on 7.5.2006 and was later on declared successful in the interview by the selection committee. The selection committee on 7.5.2006 submitted its recommendation to the appointing authority, selecting the petitioner at serial No. 1 in order of merit and one Smt. Swar Bharti respondent No. 6 was placed at serial No. 2. After receiving the said merit list from the selection committee the appointing authority was supposed to forward the same to the Director of Higher Education or an Officer authorised by him in this behalf for its approval as provided under statute 24.4 of the Meerut University. By letter dated 4.10.2006 petitioner was informed that the Committee of Management did not approve the appointment of the petitioner on the ground that no woman candidate was selected as such male candidate cannot be granted approval. Petitioner feeling aggrieved with the resolution dated 18.6.2006 contained in a letter dated 4.10.2006 issued by respondent No. 5, filed a Writ Petition No. 58524 of 2006 "Ashish Kumar v. State of U.P. and others" for quashing the resolution dated 18.6.2006 passed by respondent No. 4 and further sought a direction to the respondent No. 4 to send the papers of the petitioner's appointment for approval to the respondent No. 2. This Court by judgment and order dated 19.10.2006 directed the petitioner to make a representation ventilating his grievances before Regional Higher Education Officer, Meerut Region, Meerut (respondent No. 3) and respondent No. 3 was directed to decide the same in accordance with law by means of a reasoned and speaking order after affording opportunity of hearing to the Committee of Management as well as to any other person interested in such appointment. In compliance of the said order dated 19.10.2006, petitioner filed a representation dated 28.10.2006 before the respondent No. 3. The respondent No. 3 by order dated 23.11.2006 rejected the representation of the petitioner merely on the ground that a male candidate cannot be appointed on the post of Lab. Assistant (Chemistry) in a girls institution as he will have regular interaction with girl students.
(3.) LEARNED counsel for the petitioner has submitted that the post of Lab. Assistant (Chemistry) is a Group-C post and was to be filled up according to the provisions laid down in U. P. Procedure for Direct Recruitment for Group-C post (outside the purview of U.P. Public Service Commission) Rules, 2002 read with Chapter XII of the 1st Statute of the University of Meerut, 1972. It was further submitted that as per the advertisement the post of Lab. Assistant (Chemistry) was not reserved for women and no Rules were framed to prohibit the appointment of male candidates on the post of Lab. Assistant (Chemistry) in the institution. It was further submitted that in pursuant to the advertisement the petitioner appeared before the selection committee for an interview and was declared successful in the aforesaid interview by the selection committee and was placed at serial No. 1 in the merit list but still respondent No. 6 who was below the petitioner in the merit list is being preferred on the post of Lab. Assistant (Chemistry). Learned counsel for the petitioner has also referred to para 23 of the writ petition which reads as follows: "23. That it is not out of place to mention here that the post become vacant on the retirement of a Lab. Assistant (Chemistry) who has been working on the post of Lab. Assistant (Chemistry) in the aforesaid institution. It is also relevant to mention here that besides this there are several other male persons are working in the different cadre and post at the aforesaid institution. One Sanmek is working on the post of Assistant Librarian. The another male candidate working as Lab. Assistant in Geography namely Sri Rajveer Singh. Besides this there are several male candidates working on the post of Clerks, Stenographers, Accountants, Peons. It is also relevant to mention here that even the Lab. Assistant Rajveer Singh working on the post of Lab. Assistant (Geography) and being conducting the practical of Geography subject and have regular interaction with the female candidates.";