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punjab: Punjab and Haryana high court halts assistant professors appointment process | Chandigarh News

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CHANDIGARH: Finding faults with the criteria prescribed by the Punjab government in the selection of assistant professors in the state-run colleges, the Punjab and Haryana high court has restrained it from making such appointments. The state government’s criteria restricted the benefit of weightage only to the guest faculty/part timers/contractual teachers working in the “government colleges of Punjab”.
The HC has now fixed the matter for December 13 for arguments. HC observed that the state is recruiting the assistant professors for the government colleges; thus, it is their prime duty to attract the best talent in the interest of the students as well as the community at large.
“Moreover, the decision dated November 28, thereby, debarring the guest faculty/parttimers/contractual teachers from government colleges of other states to avail the benefit of weightage on the basis of work experience is wholly arbitrary and discriminatory in view of the fact that the respondents have failed to show any reasonable basis for making such a classification for the purpose of ongoing selection process. In view of the above, prima facie, this court is of the opinion that action of the state while proceeding with the selection on the basis of the decision dated November 28 is legally unsustainable and the same deserves to be stayed,” observed the judge while staying the selection process.
Justice Mahabir Singh Sindhu of the HC has passed these orders while hearing a petition filed by Kulwinder Singh, a resident of Sangrur district.
He had sought directions to quash the impugned clause of advertisement No.6 dated October 19, 2021 issued by the Punjab higher education department for recruitment of 56 assistant professors (college cadre) in computer science. The clause provides that the part time/guest faculty/contractual teachers working in the government colleges clearing the written test will be given extra weightage of one mark per completed academic year of teaching experience subject to a maximum limit of five marks.
The clause was incorporated on the basis of a decision taken by the Punjab government vide memo dated October 18, whereby, it was decided to fill up 1,158 posts of assistant professors in different subjects for the state-run colleges.
The petitioner mainly argued that the action of the state authorities while denying the benefit of five marks is wholly untenable in law just to favour the candidates who are working in the government colleges of Punjab and thus, prayed for stay of the further process on the basis of decision dated November 28.
Observations:
It is quite elementary that view of the mandate of Articles 14 and 16 (right to equality) of the Indian Constitution, every public employer has an obligation in our country to make public appointments strictly in accordance with the provision of law applicable for the posts in question and an aberration without proper justification shall negate the rule of law | Justice Mahabir Singh Sindhu





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