Anil Kumar Thakur vs Vice Chancellor, Central University Of Jammu And Ors

Tashi Rabstan, J

Through the medium of this petition, the petitioner, amongst other prayers, is also seeking a direction to the respondents to allow him to participate in the selection process by conducting fresh interview for the post of Associate Professor in the Department of Physics and Astronomical Science and select him for the said post being more meritorious among others.

The facts-in-brief as projected in the writ petition are that Registrar, Central University of Jammu, respondent No.2 herein, vide Notification dated 20.05.2019 invited applications for teaching post for different departments and the petitioner being eligible also applied for the post of Associate Professor in the Department of Physics and Astronomical Sciences. Respondent No.2 vide notification dated 25.09.2019 issued the interview dates to the candidates who were found eligible for the posts in terms of Notification dated 20.09.2019. The name of petitioner was appearing at Sr. No.4 in Annexure "B" to notification dated 25.09.2019 and he was directed to appear for interview on 11.10.2019. Respondent No.2 also vide call letter dated 09.10.2019 informed the petitioner regarding his date of interview, which was to be held on 11.10.2019. It is averred that the petitioner reported for interview on the scheduled date and also marked his attendance on the attendance sheet. His documents were also verified, however, respondents 3 & 4 did not allow him to participate in the selection process without giving any sufficient reasons. Hence, the present writ petition.

Objections have been filed on behalf of respondents averring therein that initially the petitioner vide notification dated 01.07.2019 was provisionally declared ineligible to appear in the interview, however, later on he was declared eligible vide notification dated 28.08.2019. Further, it is averred that respondent No.2 received a complaint on 23.08.2019 from one Professor and Incharge, Crystal Growth and materials Research Laboratory, Department of Physics, University of Jammu alleging therein that petitioner herein has published a research paper in the Journal of Alloys and Compound by showing himself as Co-author of said paper and, accordingly, vide order dated 05.09.2019 a Committee was constituted to submit the report within 10 days. Further, it is averred that during inquiry the call letter of interview of the petitioner for the post of Associate Professor in the Department of Physics and Astronomical Science has been kept withheld vide communication dated 03.10.2019.

I have heard learned counsel appearing for the parties and also perused the file.

Admittedly, the official respondents have not questioned the eligibility of petitioner for the post of Associate Professor in the Department of Physics and Astronomical Science. It is also admitted by the official respondents that the selection process has yet not been finalized. However, the official respondents debarred the petitioner to appear in the interview on the complaint of one Professor and Incharge, Crystal Growth and materials Research Laboratory, Department of Physics, University of Jammu, which was made on 23.08.2019 that the petitioner herein had published a research paper in the Journal of Alloys and Compound by showing himself as Co-author of said paper. The inquiry committee constituted vide order dated 05.09.2019 was to submit the report within ten days and the said period has already been elapsed. Further, vide notification dated 01.07.2019 the petitioner was provisionally declared ineligible to appear in the interview, however, thereafter he was declared eligible vide notification dated 28.08.2019 by the Screening Committee. The Complaint was filed on 23.08.2019 and the complainant himself was a member of the Screening Committee which declared the petitioner eligible vide notification dated 28.08.2019. On one hand the complainant has filed a complaint against the petitioner on 23.08.2019 and, on the other hand, the complainant being one of the members of the Screening Committee has declared the petitioner eligible on 28.08.2019 to appear in the interview. Petitioner has also alleged malafide on the part of respondent No.3 being the close relative of one of the candidates. Otherwise too, in my opinion, once a candidate is called for interview after he fulfills the eligibility criteria and is declared eligible by the members of the screening committee, he ought to be allowed to participate in the selection process, even if there was some complaint pending against such a candidate, of course subject to certain conditions.

Viewed thus, I deem it proper to allow the writ petition. Accordingly, the writ petition is allowed and the respondents, particularly respondents 1 & 2 are directed to reconstitute the interview committee and, thereafter, conduct the interview of petitioner for the post of Associate Professor, Department of Physics and Astronomical Science. Respondents 1 & 2 to intimate the petitioner about the date of interview well in advance. Respondents 1 & 2 are further directed to conclude the inquiry, if any pending against the petitioner, well before the declaration of the result of the interviews conducted in terms of Notification dated 20.05.2019. However, the result of petitioner shall be subject to the outcome of inquiry, if any. It is made clear that if anything adverse comes against the petitioner in such an inquiry, the petitioner shall be at liberty to challenge the same. Connected CM, accordingly, stands disposed of.