DR. RAJENDRI KUMARI Vs. KURUKSHETRA UNIVERSITY KURUKSHETRA AND OTHERS
LAWS(P&H)-2006-10-563
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 26,2006

Dr. Rajendri Kumari Appellant
VERSUS
Kurukshetra University Kurukshetra And Others Respondents

JUDGEMENT

- (1.) The prayer made in this petition filed under Article 226 of the Constitution is for quashing order dated 8.10.2004 (P-5) passed by the Registrar, Kurukshetra University, Kurukshetra, rejecting the representation made by the petitioner in which she has claimed that she should be recruited as reserved category candidate against the post of Social Studies Lecturer on part time basis. She was selected at Sr. No. 2 in order of merit and was offered appointment vide letter dated 25.9.2003 on 89 days basis. She was further given extension for 89 days up to 21.3.2004. However, no further extension was granted to her. She claimed before respondent No. 2 that she should be allowed to continue as she belongs to reserved category, which request has been rejected by the impugned order. The petitioner has also prayed that the advertisement dated 29.9.2004 (P-6) in respect of the post of Social Studies Lecturer may be quashed as it contravenes the reservation policy of the State and a direction be issued to the respondents to convert the post of Social Studies Lecturer in the University College of Education from General to Schedule Caste category.
(2.) According to the respondents the post of Social Studies Lecturer is a 'single post cadre' and the same cannot be subjected to reservation and the post has been rightly advertised. It has further been pointed out that the petitioner has also applied in response to the advertisement and her candidature would be considered along with other candidates. The selection is to be made on merit. It has also been clarified that one Dr. Madhur Garg, who had been teaching Social Studies has retired on attaining the age of superannuation and accordingly the post has been advertised. With regard to the claim of the petitioner on the basis of her appointment on contract basis and her relieving at subsequent stage, it has been submitted that no right can be deemed to have conferred on the petitioner after her contract of appointment has expired. According to the respondents, the Government instructions with regard to reservation have no application in respect of 'single post cadre'.
(3.) After hearing learned counsel for the parties, we are of the view that this petition lacks merit and is liable to be rejected because the impugned order dated 8.10.2004 (P-5) passed by respondent No. 2 is strictly in accordance with law. The petitioner was admittedly appointed on contract basis on 25.9.2003 for a period of 89 days, which was extended for another term of 89 days up to 21.3.2004. Accordingly, no further extension was granted to her. Her claim that she should be adjusted by converting the post of Social Studies Lecturer in the University College of Education from General to Scheduled Caste Category has been rightly rejected by the respondents. Ample support to the aforementioned view is available from the Constitution Bench judgment of Hon'ble the Supreme Court rendered in the case of Secretary, State of Karnataka v. Umadevi, 2006 4 SCC 1., wherein it has been held that contract employees acquire no right to the post and they should be relieved according to the contract of employment.;


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