V.K. SHARMA AND ORS. Vs. THE STATE OF HARYANA
LAWS(P&H)-1993-8-186
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 26,1993

V K Sharma Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

- (1.) Petitioners are working as lecturers in University College and University College of Education, Kurukshetra. Both these colleges are being maintained by Kurukshetra University (briefly 'the university'). Since the number of posts of Readers and Professors were limited and in order to avoid stagnation and on the representation made by the Teachers Association, the Executive Council of the University in its meeting held on 3.12.1984, recommended to the Government for approval that 'Personal Promotion Scheme' be also extended to the teachers working in those two colleges. This recommendation was not accepted by the Government, as conveyed to the University vide letter dated 19.4.1985, as in the opinion of the Government "there was no justification in implementing the Personal Promotion Scheme in the two University maintained Colleges and Directorate of Correspondence Courses as it has not been introduced in the affiliated Colleges." On receipt of this letter, the Pro-Vice Chancellor of the University clarified that the process of recruitment, terms and conditions of service and academic qualification of teachers appointed in the two University maintained Colleges and Directorate of Correspondence Courses and of teachers in the University teaching departments are similar, and that they cannot be equated with the University affiliated colleges. Not only this, it was also stated that Personal Promotion Scheme has been in operation in the Regional Engineering College, Kurukshetra, as well as the Panjab University, Chandigarh, and many other Universities have also introduced this scheme. The detailed representation which the University had received from the Kurukshetra University Teachers Association, was sent alongwith letter of the Pro-Vice Chancellor, to the Government for reconsideration of the entire matter. The Government despite receiving letter from the Pro-Vice Chancellor and also the representation from the Kurukshetra University Teachers Association, has so far not taken any decision on this subject. The present writ petition was filed as far back as 1988. The State has not filed the written statement to the writ petition, though appearance was put in by the State Counsel. There is nothing on record which would justify the action of the Government in equating these two University maintained colleges with the affiliated colleges of the University, particularly when the University itself has stated that the process of recruitment, terms and conditions of service and academic qualifications of teachers appointed in the two University maintained colleges and Directorate of Correspondence Courses and of teachers in the University teaching departmets are similar. In this view of the matter, a direction is issued to respondent No. 1 to reconsider the entire matter in the light of observations made in this order as well as in the light of recommendation made by the Pro-Vice Chancellor made in the letter, Annexure P-8. The Government shall take a decision within three months from today, and if any opportunity is required to be given, the same shall be given to the Kurukshetra University Teachers Association as well as to the University. The writ petition stands disposed of accordingly. No costs.;


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