SANTOSH KUMARI AND OTHERS Vs. PUNJABI UNIVERSITY, PATIALA AND ANOTHER
LAWS(P&H)-2012-8-572
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 14,2012

Santosh Kumari And Others Appellant
VERSUS
Punjabi University, Patiala And Another Respondents

JUDGEMENT

- (1.) This writ petition has been filed with a prayer that directions be issued to the respondents-Punjabi University, Patiala and its Vice Chancellor to review all the selections and appointments of Class III and Class IV (non-teaching posts) made by Sh. S.S. Boparai, former Vice Chancellor of the University, from August 2002 to November 2007. It was case of the petitioners that appointments have been made without any authority and justification and with malafide intention.
(2.) In response to notice issued, replies were filed. In between, at the time of hearing, it transpired that a vigilance enquiry was conducted against the former Vice Chancellor Sh. S.S.Boparai. To know the findings of the enquiry, directions were issued to the Superintendent of Police, Vigilance Bureau, Patiala, who placed on record the Status report on 8.11.2011 by way of an affidavit of Shiv Kumar Sharma, Superintendent of Police, Vigilance Bureau, Patiala. regarding investigation conducted against former Vice Chancellor, Punjabi University, Patiala.
(3.) Taking note of the findings given in that report, Sh. S.S. Boparai, former Vice Chancellor, Punjabi University, Patiala, was arrayed as one of the respondents along with Dr. Jaspal Singh, Vice Chancellor, Punjabi University, Patiala and on going through the affidavits filed from time to time, this Court raised queries in its order dated 28.2.2012 which were to the following effect :- "We have heard the learned counsel for the parties at some length. At this stage, we call upon the respondent- Punjabi University, Patiala to lay the following information before the Court :- i) The number of contractual and adhoc employees appointed without selection who have also been appointed in the process of regular appointment initiated through advertisement(s) issued. This is in respect of both teaching and non-teaching staff appointed during the tenure of Shri S.S. Boparai, former Vice Chancellor and the present Vice Chancellor Dr. Jaspal Singh. ii)The stage/stages at which the advertisement process in respect of other posts (115+76 in number as indicated in the chart placed before the Court on behalf of the University) is presently poised. iii)What would be the time taken by the University to fill up on regular basis the remaining posts, both teaching and non-teaching currently now held on adhoc and temporary basis keeping in mind that in any organisation or University some posts would always fill up on adhoc/temporary basis. Having heard the learned counsel for the parties, we are also of the view that the State of Punjab represented by the Secretary, Department of Higher Education be impleaded as a respondent to the present proceedings. It has been submitted on behalf of the State of Punjab that the decision reflected in the communication dated 12.3.2010 (Annexure R-2) with regard to the criminal liability of Shri Boparai appears to be the tentative view of the administrative department and not that of the competent authority of the State Government. The State of Punjab to dilate on the aforesaid aspect of the matter and if the said decision is not the final decision of the competent authorities, to take the necessary final decision within two weeks and place the same before the Court. The State of Punjab will also inform the Court on the next date fixed the time schedule for release of grants to the University so as to enable the University to go ahead with the recruitment process on regular basis as indicated in the earlier part of this order.";


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