Sudhansh Sharma v. Indira Gandhi National Open University

order as to costs.

CHIEF JUSTICE

SEPTEMBER 07, 2011

SANJIV KHANNA, J. Ks/dk

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 12th August, 2011 % Judgment pronounced on: 7th September, 2011 + SUDHANSH SHARMA ..... Appellant Through: Dr.L.S. Chaudhary with Mr.Ajay Chaudhary & Mr.Pradeep Rana, Advs. Versus INDIRA GANDHI NATIONAL OPEN UNIVERSITY..... Respondent Through: Mr.Aly Mirza, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA Whether reporters of the local papers be allowed to see the judgment? Yes To be referred to the Reporter or not? Yes Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ The present intra-Court appeal is directed against the order dated 3rd March, 2010 passed by the learned Single Judge in WP (C) No. 3077/2007 whereby he has declined to accede to the prayer of the appellant for issue of a writ of mandamus to the respondents to appoint him on the post of permanent lecturer in the school of Computer and Information Sciences with the respondent, namely, Indira Gandhi National Open University (IGNOU). 2. The facts which are essential for adjudication of the present appeal lie in a narrow compass. The IGNOU issued an advertisement for filling up one post of lecturer in the school of Computer and Information Sciences. After being qualified in the interview, a panel of two candidates was recommended by the Selection Committee against the one notified vacancy. Shri Naveen Phougat was the first selected candidate in the select panel approved by the Board of Management in its 86th meeting held on 1st April, 2006. Shri Phougat joined the respondent-university on 15th September, 2006 but eventually resigned from the post on 12th March, 2007, which was accepted by the Vice-Chancellor vide office order No.292 dated 16th March, 2007. In the meantime, the appellant was appointed against a leave vacancy as one Shri P.V. Suresh had gone on study leave. After the said Suresh came from leave, the vacancy came to an end and the appellant was relieved. 3. As the factual matrix gets further uncurtained, the appellant put forth his claim for appointment to the post in question on the foundation that after the resignation of Shri Phougat, he deserved to be appointed inasmuch as the select panel was valid for a period of one year as per the Ordinance 12 of the respondent-university. The stand of the appellant before the writ court was that as a vacancy had been caused because of the resignation of Shri Phougat, he was entitled to be posted in the said vacancy. Reliance was placed on Instruction of the Government contained in DOPT OM No. 41019/18/97-Estt. (B) dated 13th June, 2000 which stipulates that if a vacancy is caused due to death or resignation of the first selected candidate, the said vacancy could be filled up by the next candidate. 4. The stand put forth by the writ petitioner was resisted by the respondent-University contending, inter alia, that the University has not accepted the Government's instruction and, in fact, in the 88th meeting held on 27th November, 2006 by the Board of Management, the University had categorically not accepted the same. It was further contended that as per the 61st meeting of the Board of Management held on 16th November, 1998, the wait-listed candidate could be offered an appointment only if the successful candidate does not join and if the successful candidate joins, the panel gets lapsed and, therefore, the writ petitioner did not have any right to advance a claim to join the post solely on the ground that the validity of the select list was for a period of one year. It was also urged that the Ordinance 12 was of no help or assistance to the petitioner. 5. The learned Single Judge referring to the factual matrix, the various resolutions in the field, the Ordinance 12, the Government's Instruction and certain citations did not find any substance in the petition and accordingly dismissed the same. 6. Assailing the soundness of the order of the learned Single Judge, Dr.L.S. Chaudhary, learned counsel for