JUDGEMENT
S.D. Anand, J. -
(1.) THE pleadings -based facts, which are even otherwise presently conceded, are as under:
(2.) THE petitioner was appointed a Lecturer in Human Biology w.e.f. 1.9.1988, vide appointment letter (Annexure P1). The initial appointment was only for a duration of three months and was on adhoc basis. The period of appointment got extended from time to time. The last extension granted in that behalf concluded on 31.5.1990. The further extension, though recommended by the Head of the Department vide letter dated 21.5.1990 (Annexure P3), was denied to her. Respondentno. 3 Dr.Promila Malhotra had been appointed a Lecturer in Research Centre in Physical Education and Sports (Department of Human Biology), on adhoc basis, vide appointment letter dated 4.3.1986. The appointment was to last for a duration of six months or the current academic session, whichever was earlier. Thereafter, respondentNo. 1 Punjabi University advertised a post of Lecturer in Human Biology. The petitioner, along with eight others, was interviewed by the Selection Committee on 11.8.1986. The Committee recommended the name of one Dr.Rupinder Mokha for appointment to the post aforementioned, while respondentNo. 3 was retained on the waiting list at SerialNo. 1. The recommendation made by the Selection Committee was approved by the Syndicate in a meeting held on 30.9.1986. Even thereafter, respondentNo. 3 continued on extension from time to time. In the meantime, respondentNo. 3 kept on representing for being accorded the status of a regular appointee. She was ultimately impelled to file Civil Writ PetitionNo. 5035 of 1990 (Annexure P5). The Head of the Department of Human Biology (Punjabi University) did not file any counter. The Punjabi University, in its counter, had taken up a stance that as the initial appointment of respondentNo. 3 was on adhoc basis, she could not be made a regular appointee. After noticing that no counter had been filed on behalf of the Head of the Department of Human Biology, this Court disposed of the Writ Petition on 31.5.1990 (Annexure P5). The relevant extractt of the order is re -producedas under:
In the circumstances, it is directed that the case of the petitioner be considered by Dean of the Faculty respondentNo. 2 before any other fresh appointment is made for the post. The writ petition is disposed of accordingly.
(3.) THE Syndicate, in the course of a meeting held on 29.6.1990, passed ResolutionNo. 285 dated 29.6.1990 and recorded the following decision: On the basis of court's above given orders, Dean, Faculty of Life Sciences was requested to give his comments. He has clarified in his opinion that Dr. (Mrs.) Promila Malhotra is fully qualified for the post advertised with specialisation, i.e. any aspect of Cell Biology. He has recommended that she be appointed as Lecturer in HUMAN BIOLOGY Department without facing the Selection Committee.
It was resolved that in the light of the orders of the Punjab and Haryana High Court, Dr.(Miss) Promila Malhotra be appointed as Lecturer in Human Biology Department against the advertised post with Cell Biology Specialisation.;
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