- (1.) The challenge in the present writ petition is to the order dated 31.3.2006, Annexure P15, whereby the services of the petitioner were dispensed with.
(2.) The petitioner was appointed on 28.7.1998 as Lecturer in Computer Science in Sri Guru Gobind Singh College, Chandigarh run by the Sikh Educational Society, Chandigarh. The said College receives grant-in-aid from the Government and 95% of the salary is paid to the employees from the grant-in-aid. It is the case of the petitioner that one post of Lecturer in Computer Science was advertised in May, 1998 and being eligible for the said post, the petitioner applied and was selected by a duly constituted Selection Committee in which nominees of the University as well as DPI were present, apart from the representative of the Management. At the time of advertisement of the post, the essential qualification for the post of Computer Science was Bachelor Degree of Engineering in Computer Science. However, in the Panjab University Syndicate meeting held on 18.7.1998, the qualifications for the post of Lecturer in Computer Science were changed. In the amended qualifications, NET (National Eligibility Test) or SLET (accredited by UGC) was made compulsory. It was also contemplated that if the University had already candidates who do not possess such qualifications, they will have to clear NET within two years from the date such letter was issued.
(3.) The case of approval of appointment of the petitioner was sent to the University as well as to the State Government. Initially, the University imposed a condition that the petitioner will have to clear UGC / NET examination within two years but subsequently, on the representation of the petitioner, the said condition was dispensed with vide communication dated 23.2.2000, Annexure P7. However, the State Government, vide communication dated 5.7.1999, Annexure P5, approved the appointment of the petitioner subject to the condition that she should clear the NET within two years from the decision of the Syndicate dated 18.7.1998. It is further the case of the petitioner that one can appear in NET examination only after passing the post-Graduate degree i.e. Master of Engineering and that the passing of NET within two years is not feasible. It is also contended that the petitioner was appointed in pursuance of advertisement published prior to the imposition of the condition of qualification of NET examination, therefore, such condition cannot be extended to her.;