#servicematter

[soolegal]

The Hon’ble Kerala High Court in a Writ Petition (C) No. 5627 of 2019 held that the Kerala State Human Rights Commission has no jurisdiction to entertain service matters.

For further information, refer to this News Report By SoOLEGAL.

[mishrasatty7]

#recruitment of 7416 #punjabpolice #appointments #upheld by #highcourt #chandigarh #servicematter #news #legalseva (at Zirakpur) https://www.instagram.com/p/CRQqLMkpbeo/?utm_medium=tumblr

[bnbassociateschd-blog]

The best lawyers for service matters in Chandigarh can swear by the fact that the Union of India & State Governments holds a major share in litigation in the kind of Writ. Employment lawyers are going to help in both the matters, whether it’s for employer or employee. A proficient lawyer with thorough knowledge will acquaint you with almost every right and responsibility of yours at the workplace. B&B Associates is having seasoned and top service matter advocates in Chandigarh which you can hire to resolve your issues.

[northwestescrow]

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[recessnc]

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[mykeystar]

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[seemabhatnagar]

A service matter that exposes how rules and regulation can be ridiculed and misused.

Rovins Kumar v. The Lalit Narayan Mithila University Darbangha & 4 others.

Writ Petition allowed on 30.05.2023

By Hon’ble Mr. Justice Anil Kumar Sinha

Patna High Court

This is a service matter where the petitioner Rovins Kumar challenges the appointment of Respondent Kalpana Kumari on the post of Librarian at The Lalit Narayan Mithila University, Darbangha. As per the advertisement preference will be given to the woman candidate in selection. But in this case what to say of preference, the appointment procedure itself was an eye wash. Basic procedure of appointment was not followed. Court made specific query with respect to thename of the members of the Interview Board/Selection Committee, but no response came from the side of the. In short, a complete mockery of the interview procedure.

Background

The instant case is filed for quashing the appointment of Respondent Kalpana Kumari on the post of Librarian appointed pursuant to advertisement published by the Registrar, Lalit Narayan Mithila University, Darbhanga under the orders of the Vice Chancellor of the University.

The advertisement prescribed that the appointment shall be on contract basis on the basis of interview only scheduled for 20.02.2015.

Argument of the Petitioner’s Counsel:

The petitioner claimed to be Master of Library and Information Science and fulfilling the eligibility criteria for appointment. Altogether eight candidates were called for interview on 20.02.2015, including the respondent Kalpana Kumari, but the name of the petitioner did not figure in the list of applicants selected for the interview.

As such, the petitioner filed a representation on 20.02.2015 to allow him to appear in the interview. The representation of the petitioner was considered and the petitioner, along with six other candidates, were called for interview, held on 24.02.2015.

Finally, Respondent Kalpana Kumari was selected for the post of Librarian.

Aggrieved by the appointment of Respondent Kalpana Kumari, petitioner challenged her appointment by means of Writ Petition before Patna High Court on the ground that he has Masters in Library & Information Science. More so he has been working at the University as librarian since 2007.

Whereas Respondent Kalpana Kumari is working as peon since 2011.

Respondent Kalpana Kumari was appointed as Librarian on extraneous consideration as she happened to be the daughter of the PA to the Vice Chancellor of the University.

Further selection was made on the basis of interview held on 20.02.2015 & the interview of dt 24.02.2015 in which petitioner along with other candidate participated was not taken into consideration.

Evaluation sheet presented before the court only shows the name of candidates interviewed on 20.02.2015 and evaluation sheet of 24.02.2015 was not even presented before the Court by the University authorities.

Argument of the Counsel of Respondent’s University:

Respondent Kalpana Kumari fulfilled the requirement for the post and was appointed as female candidate was to be given preference as per advertisement.

Petitioner participated in the selection process if he is not selected than he can not challenge the selection process.

Observation of the court:

The attendance sheet of all the appearing candidates have been brought on record by way of second supplementary affidavit.

As per the documents on record it appeared that a sort of scrutiny was done with regard to eight candidates relating to their educational qualification and experience who appeared for interview on 20.02.2015.

The attendance sheet of the candidates, including the petitioner, who were called for interview on 24.02.2015, merely contains their signatures no scrutiny with regard to their education qualification and experience was done.

No reply or any document came forward from the side of the respondents on the pointed query of the Court as to who all were the members of the Interview Board/Selection Committee, who conducted the interview on 20.02.2015 and 24.02.2015, respectively.

The evaluation/marking done by the Interview Board/Selection Committee also not been brought before this Court.

The merit list does not contain the inter se merit of the candidates and their performance in the interview.

I am of the opinion that the selection/appointment on the post of Librarian was not done in fair manner and the contention of the petitioner is correct that the appointment of respondent Kalpana Kumari has been made for extraneous consideration.

The basic procedure for appointment, i. e. constitution of the Selection Committee, constitution of the Interview Board, assessment/marking done by the Interview Board of the candidates for the purpose of deciding the inter se merit has also not been done.

The contention of the respondents that as per the advertisement, the female candidate was to be given preference is not acceptable, inasmuch as the ‘preference’ connotes that other thing being equal, the women candidate shall be given preference.

When assessment/marking/evaluation of the candidates have not been done by the Interview Board/Selection Committee of the respective inter se merit of the candidates, the plea of preference has no meaning.

Decision:

The contention of the petitioner is correct that there was serious discrepancy in the process of appointment as such the appointment of the Respondent is quashed as not sustainable in the eyes of law with liberty to make fresh appointment on the post of Librarian in accordance with law and after giving opportunity to all eligible candidates.

Seema Bhatnagar

[igracelyn]

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[twoconchs]

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[flowerdesignjane-blog]

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[northwestescrow]

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[recessnc]

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[rnbglobaluniversity]

RNB Global University congratulates  Ms. Sakshi Sankhla, BA-LLB  seventh semester student for successfully  completing  her internship at Mr. Rakesh Arora – Advocate Jodhpur High Court. University wishes her luck for future endeavours.    ----   #RajasthanHighCourt #Advocate #BALLB #BBALLB # LLB #Internship #ServiceMatters #FamilyMatters #Section482 #SchoolofLaw #RNBGU #RNBGlobalUniversity #Bikaner #Rajasthan https://ift.tt/3otki66

[justinsimmonsbronxhomes]

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[soundgarageqld]

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