Yash Pal Singh And Others vs State Of Himachal Pradesh And Another

Sandeep Sharma, J

Having heard learned counsel for the parties and perused the material available on record, this Court finds that the writ petition having been filed by the petitioners is premature and same has been filed merely on the apprehension by the petitioners that their candidature for the post of Assistant Professor Pharmacy, shall not be considered. During proceedings of the case, Mr. Rajesh Kumar Parmar, Advocate appearing for the petitioners was unable to point out document, if any, placed on record suggestive of the fact that the candidature of the petitioners has been rejected on the ground of eligibility. Though, perusal of reply filed by respondent No.2 reveals that the petitioners do not possess requisite qualification i.e. M.Pharma, but such conclusion of respondent No.2 is based upon report of the Screening Committee constituted to scrutinize the eligibility of the candidates for the post of Assistant Professor Pharmacy pursuant to advertisement issued in the year 2018. Though aforesaid report annexed with the reply by respondent No.2 reveals that the degree possessed by the petitioners i.e. M.S. Pharma is not equivalent to M.Pharma, but as has been taken note herein above, such report was given by Screening Committee constituted by the Department concerned to scrutinize the candidature of the candidates, who applied pursuant to advertisement issued in the year 2017. Now in the year 2020, respondents have again issued advertisement for the post of Assistant Professor Pharmacy, as such, decision, if any, with regard to equivalence of degree possessed by the petitioner with that of M. Pharma is to be taken afresh by the Committee that too on the basis of material placed on record by the petitioner, which prima facie indicates that M.S. Pharma awarded by NIPER is equivalent to M.Pharma awarded by other recognized institutions.

Consequently, in view of above, this Court, at this juncture, without going into merit of the case, permits the petitioners to withdraw the present petition, with liberty to file afresh, at an appropriate stage, if so required and desired. Ordered accordingly.

Before parting, this Court wishes to observe that respondent No.2, while considering issue of equivalence of degree of M.S. Pharma awarded by NIPER with the degree of M.Pharma awarded by other recognized Universities, would peruse the material adduced on record by the petitioners.

Petition stands disposed of accordingly. All pending applications also stand disposed of.