NARINDER PAUL SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2014-5-81
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 28,2014

Narinder Paul Singh Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

SABINA, J. - (1.) THIS petition has been filed by the petitioner challenging the order passed by the Board of Governors, whereby extension was granted to respondent No.6. to continue as Vice Chancellor of the Punjab Technical University.
(2.) THE important question involved in the present case is as to whether extension granted to respondent No.6 as Vice Chancellor of the University is as per Section 10 of the Punjab Technical University Act, 1996 (the Act for short). Case of the petitioner, in brief, is that the petitioner joined on deputation with the respondent -University on the post of Dean after being selected by the selection committee on 22.9.2006. The Board of Governors constituted a search committee in the year 2008 to fill up the post of Vice Chancellor. Respondent No.6 was chosen to occupy the office of Vice Chancellor. On 9.12.2009, selection committee was constituted for filling up various posts in the University including the post of Dean. 14 candidates were interviewed by the selection committee and the petitioner was placed at Sr.No.1. The recommendation of the selection committee was approved by the Board of Governors in its meeting held on 11.2.2010. On 30.6.2010, the University Grants Commission (UGC for short) issued guidelines for appointment of Vice Chancellor. Petitioner was fully eligible to be considered for the said post. As per the Act, chairman of the Board of Governors was to be appointed by the Chancellor. The Chancellor in utter disregard to the provisions of the Act nominated the Chief Secretary of the State to be the chairman of the Board of Governors. The term of respondent No.6 was extended for another three years in a meeting held on 2.11.2011 without considering his eligibility. Respondent No.6 was not having requisite qualifications as prescribed by the UGC vide regulations notified on 30.6.2010. Petitioner filed CWP No. 577 of 2013 before this Court on 11.1.2013. The said petition was disposed of on 8.7.2013 by passing following order: - "we have heard learned counsel for the parties at length. It is agreed that the petition may be disposed of with following directions : - (i) The question of extension of respondent no. 5/ Vice Chancellor by the Board of Governors on 05.10.2011 would be re -examined by the new Board of Governors. . (ii) The examination of the aforesaid issue would be as per the norms applicable to the post of Vice Chancellor on the date when the extension was granted. (iii) The decision will be taken within a maximum period of six weeks from today."
(3.) THEREAFTER , petitioner represented to the Chairman of the Board of Governors on 17.7.2013. On 19.8.2013, it was announced by the University that extension granted to respondent No.6 had been upheld. Hence, the present petition.;


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