• Vacancy quashed by high court

Respected madams/sirs
01.i was selected as post graduate teacher(10+2 level-regular basis) at navodaya vidhayalaya on 05.02.2013,posted baikunthpur(chatisgarh),worked there and resigned on 16.09.2013,
02.as i am selected as junior lecturer(10+2 level-regular basis) in haryana with 1st rank in merit list,but i never joined this job,
03.as in between this i was selected for asst. professor(college cadre-regular basis) at klp college(govt. aided) on 21.09.2013 and working there till date.
04.the advetisement for this recruitment(02 vacancy-geography-asst. professor-klp college) is published on may 2013 and 50 candidate apply for that.
05.Vice-chancellor(MDU,Rohtak)nominated a selection committee as per UGC guideline for our assessment held on 02.09.2013 and selection panel result declared on [deleted]..
I(2nd rank) and jitender kumar(1st rank),two candidate selected as per our performance and we both joined on 21.09.2013.
05.now deepak kumar(4th rank) challenge the selection process on ground of bias at Punjab & Haryana high court,Chandigarh,He made allegation on Mr. Jitender kumar as given below-
a) Mrs. Leena,professor at MDU,Rohtak- a V.C. nominee-Subject expert in this committee is guide of Mr jitender kumar in PHD.She awards 18 marks to Mr jitender kumar in interview and 1 marks to Mr deepak kumar,and we replied-
NO INTEREFERENCE WITH EXPERTS DECISION:SUPREME COURT-LIST OF CASES
b )in application form Mr. jitender kumar filled 3 research paper but at time of interview he represent 5 research paper and got marks of 5 research paper,as he send 2 research paper for publication before last date filling application form but these paper published in-between last date of application and interview,and we replied-
UGC GUIDELINE IN WHICH A RESEARCH PAPER SEND DATE IS VALID DATE AND COUNTED FOR MARKS IF PUBLISHED BEFORE INTERVIEW.
c)Mrs. Leena,guide of Mr. Jitender kumar in PHD had mala-fide intention and give me only 1 mark,and she influence whole process of recruitment,and we replied
Mrs Leena is a highly reputed professor in university,she is guide of many students and in past also member of many selection committee where her many students applied and get selected.
here Reena Sharma(3rd rank) also her student in PHD but not selected so it is impossible to be biased personally as for Mrs Leena both Jitender kumar(1st rank) and Reena sharma(3rd rank) are student,if she biased then reena sharma also selected..it is impossible to influence the whole selection process(10 members committee) by Mrs. Leena where other VC-nominee-subject experts also reputed professor and their students(PHD) also participate in this vacancy.so there is no mala-fide intention by Mrs. Leena.
Dalpat Abasaheb Solunke And Ors. vs Dr. B.S. Mahajan And Ors. on 6 December, 1989.

but high court(single bench) quash the vacancy on mala-fide intention even there is no allegation on me.
i applied for stay to double bench. 
guide me & give judgements.
Asked 6 years ago in Labour

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13 Answers

Appointment of Jitendra lunar could have been set aside on grounds of bias

However as far as your selection is concerned there are no allegations that your appointment was done with maladies intention

3) division bench HC can grant stay and permit you to continue in your job

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

If you are terminated as and when advertisements are released for vacancy you can apply

2) you cannot join state govt or NVS job

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Dear Client,

Was u made party in the petition if not than ,on this basis only, order will be stayed by court, as without hearing the effected party, any order passed against you is violation of rule - audi alteram partem.

Even, the effected party contention is limited to Jeetendra , where the whole recruitment process came into question as no allegations against you,

If Jeetendra selection is quahsed, Reena is there, still Deepak has no chance to get select, also ruled by S C that unsuccessful candidate has no locus to question recruitment process.

Order is poor, stay will grant. press appeal in DB.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Since you are confident that you are at no fault you may present your pleadings supported by the documentary evidences and convince the division bench of high court to win your case.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If you feel that the future is blank or bleak due to the above judgment or if you are no confident of a favorable result in the proposed appeal before the divisional bench you may better prepare yourself for a better career elsewhere owing to your financial constraints.

You may have to look for an alternative instead of hanging around on this alone.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

College cannot stop your salary merely because case is pending in HC

There must be stay orders passed by court

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

In the absence of any specific stay order by high court in this regard, the college authorities may go ahead with their pre-decided act of suspending your services but they cannot stop the salary payment if you are on the employment rolls of the college.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If the language of the order is 'in mean time' then that means that the order has been stayed.

If the college is acting against the same then file a contempt petition.

Regads

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Salary cannot be hold, either you will be suspended or continued in service and in later seen , your payment cannot be hold. Since the fresh recruitment process is stayed, you cannot be suspended.

Show judgment of single bench.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. It may not be considered as stay order.

 

2. The court  has quashed the selection to the post of assistant professor in geography in question in the present writ petition.

3. It depends on the interpretation by the college authorities.

 

4. This may not be a correct move.

 

 

 

Some people says this is a full stay, some says this is partial stay only on fresh recruitment and college can terminate you.

You may await the orders from the college authorities.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1) the words used are may not intate fresh selection process 

 

2) it would operate as stay for fresh recruitment 

 

3) college can terminate your services 

 

4) if contempt of court proceedings are initiated the college can take the plea that no action has been taken as case is pending before divisions bench and no directions have been issued to terminate the services 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Stay until no further order.

Just not to start fresh recruitmen

No

Order pertains to only stay on fresh recruitment, rest order of single bench will prevail but no contempt.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1 Yes it is a stay order 

2. The selection will be considered to be quashed but the authorities can not initiate the fresh selection process 

3. Yes 

4. Yes if the order of the court is not being complied with and that there is no stay then definitely a contempt case can be filed. 

Regards  

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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