1. Petitioner’s case is that two posts of Assistant Professors (Textile Engineering) Class-I (Gazetted) were advertized by the respondents on 22.07.2014 one each for candidates belonging to Other Backward Classes (OBC) and Ex-Servicemen category. The posts remained unfilled. They were advertized again for the same categories on 01.07.2015. Once again, no candidates was found suitable. According to the petitioner, these two posts were required to be advertized for the same categories for the third time. His grievance is that respondents though had advertized on 02.06.2016 two vacancies of Assistant Professors (Textile Engineering) but this time for the candidates belonging to Scheduled Castes & wards of Ex-Servicemen category. The post meant for Scheduled Castes category was eventually filled up by respondent No. 5 who was appointed as Assistant Professor on 12.12.2016.

Feeling aggrieved, petitioner has preferred this writ petition on 12.07.2022 primarily with the grievance that respondents on 02.06.2016 had wrongly advertized one post of Assistant Professor for the candidates belonging to Scheduled Castes category. This post ought to have been advertized for the candidates belonging to Other Backward Classes. Because of this illegality, petitioner, who belongs to OBC, has been deprived of the chance to appear in the selection process.

2. Heard learned counsel for the parties and considered the case file.

3. Following facts are not in dispute:-

3(i) The Engineering College at Sundernagar, District Mandi, was established on 19.07.2006.

3(ii) Twelve posts of Lecturers (redesignated later as Assistant Professor) were created in the faculty of Textile Engineering. Out of these, eight posts were retained in this faculty and the remaining four posts were allocated to other faculties/departments viz. Computer Engineering, Electrical Engineering & Applied Sciences.

3(iii) At the time of its establishment, Recruitment & Promotion Rules had not been finalized for the Engineering College though draft R&P Rules had been prepared. Pending finalization of the R&P Rules, the State in the year 2007 gave approval to the respondents to fill up one post of Lecturer (Textile Engineering). Pursuant to this approval, respondents issued recruitment notice inter alia for filling up one post of Lecturer (Textile Engineering) on contract basis.

3(iv) One Sh. Praveen Kumar was the first Lecturer to be recruited on contract basis vide order dated 16.03.2007 in the Department of Textile Engineering. Subsequently, Sh. Sandeep Kaushal was also appointed as Lecturer in the Textile Engineering on contract basis on 9.07.2007. Sh. Sandeep Kaushal died on 03.02.2010.

3(v) The R&P Rules for the college were notified on 28.11.2007.

3(vi) Six posts of Lecturers were advertized under the R&P Rules by the respondents in the year 2012. The selected candidates joined on 08.07.2013.

As per 13 Point Roster applicable on the posts, first six posts were meant for candidates belonging to Un-Reserved categories; seventh for Scheduled Caste; eighth for Un-Reserved Ex-Servicemen; ninth for Other Backward Classes; and tenth to thirteenth for Un-Reserved (UR)(General) categories. This roster for convenience is drawn as under:-

3(vii) Six incumbents selected in the year 2013 against UR category posts were assigned Roster Points No. 1 – 6. Services of Sh. Praveen Kumar, the first person to be recruited as Lecturer in the year 2007 were regularized on 16.08.2013. He belonged to the Scheduled Caste category. Merely because Sh. Praveen Kumar belonged to Scheduled Caste category, respondents adjusted him against 7th Point of the 13 Point Roster i.e. at the point meant for the candidate actually selected against the post advertized for Scheduled Caste category.

3(viii) Sh. Ruppam Chakraborty selected in the year 2012-13 and placed at Point No. 1 of the 13 Point Roster resigned from the post. His resignation was accepted by the State on 14.07.2014. Thus against eight sanctioned posts of Lecturers (Assistant Professors) only six remained occupied. Sh. Sandeep Kaushal had died & Sh. Ruppam Chakraborty had resigned. Consequently, two posts of Lecturers (Assistant Professors) became available. For filling up these two vacant posts, respondents proceeded to fill up Roster Points No. 8 & 9 i.e. meant for categories of Other Backward Classes and Ex-Servicemen. The advertisement issued in this regard in the year 2014 and then again in the year 2015 did not bear any result. No suitable candidate was found.

3(ix) At this stage respondent No. 5 lodged a complaint that:- Sh. Praveen Kumar had been wrongly adjusted by the respondents at Roster Point No. 7; He had not been selected against this Roster Point; The post occupied by him had not been advertized for SC category; He was selected on the basis of his own merit. He was required to be adjusted at Roster Point No. 1; The respondents had never taken any steps for filling up Roster Point No. 7 meant for candidates belonging to Scheduled Castes category; Therefore, respondents are required to advertise this post for the candidates belonging to Scheduled Castes category. The complaint was forwarded by the respondents to the Personnel Department where it was examined. The Department of Personnel gave following advise:-

“Examined. It is observed that though no R&P Rules of this post exited at the time of recruitment of Shri Praveen Kumar during the year 2007 yet approval of the Government was conveyed to the Director, Technical Education to fill-up this post in anticipation of approval of R&P rules (P-122 of A.D.’s file) which were later notified on 28.11.2007. It reflects that appointment has not been made as per provisions of these rules. It is also observed that the relevant reservation roster has not been maintained in accordance with the instructions of the Government issued vide letter No. PER(AP)-C-B(12)-1/98 dated 20.08.1998 and subsequent letter No. PER(AP)-C-B(12)- 3/2002 dated 06.09.2004 on the subject. As a matter of fact, Shri Praveen Kumar who was appointed against unreserved vacancy during the year 2007 is to be plotted against point No. 1 in the relevant roster. Accordingly, the A.D. while filling-up the next lot of six posts in this cadre has erred by appointing all unreserved candidates. Virtually, one post had to be filled-up from the Scheduled Caste category while filling-up these six posts, as per spirit of the reservation roster.”

The Department of Personnel opined that Praveen Kumar was appointed against Un-Reserved vacancy during 2007, therefore, he was to be allocated Point No. 1 in the Roster. That a mistake had been committed by the respondents while advertising all six posts of Lecturers in the year 2012 for Un-Reserved category. One post was required to be advertized and filled up from the candidate belonging to Scheduled Caste category out of the six advertized posts by the respondents in the year 2012 as the 7th point in the Roster was meant for candidates belonging to Scheduled Castes category.

3(x) Respondents acted on the advice of the Personnel Department. To rectify the mistake committed by them, the available two posts of Lecturer (Textile Engineering) which during the years 2014 & 2015 had been advertized for Other Backward Classes and Ex-Servicemen categories taking Roster points No. 8 and 9, were now advertized in the year 2016 for candidates belonging to Scheduled Castes category – Roster Point No. 7 and for candidates belonging to wards of Ex-Servicemen – Roster Point No. 8 (since no Ex-Servicemen had been found suitable under the previous two advertisements). The selection process was accordingly undertaken which resulted in appointment of respondent No. 5 on 12.12.2016 as Lecturer/Assistant Professor (Textile Engineer) against Scheduled Caste category at Roster Point No. 7.

4. Petitioner’s contention that respondents wrongly advertized & filled up two vacant posts of Lecturers (Assistant Professors) in the year 2016 from candidates belonging to SC & ward of Ex-Servicemen category, cannot be accepted in the given facts:-

4(a) It is not in dispute that 13 Point Roster was applicable. Under this, Roster Points No. 1 – 6 are meant for UR, 7th for SC, 8th for Ex-Servicemen, 9th for OBC and 10 – 13 for UR categories.

4(b) S/Sh. Praveen Kumar and Sandeep Kaushal were the first Lecturers appointed by the respondents on contract basis in the faculty of Textile Engineering in the year 2007 pending finalization of R&P rules. Sh. Sandeep Kaushal left for heavenly abode before his services could be regularized. Service of Sh. Praveen Kumar was regularized under the R&P Rules in 2013.

4(c) Respondents had wrongly assigned Roster Point No. 7 to Sh. Praveen Kumar. Roster Point No. 7 was meant for those candidates who had been selected against post advertized for SC category. Praveen Kumar may belong to SC category but that alone would not mean that he was to be adjusted at Roster Point No. 7. He was selected on his own merit against a post which was not at Roster Point No. 7. Praveen Kumar was required to be allocated

Roster Point No. 1 (UR) and therefore next five vacancies (Roster Points No. 2 – 6) were to be advertized for UR category.

4(d) However, instead of adopting the above procedure, respondents advertized & filled up next six posts during the years 2012/2013 from candidates belonging to UR category and adjusted them at Roster Points No. 1 – 6. Praveen Kumar was wrongly adjusted at Roster Point No. 7. In this manner next available posts of Lecturers (Assistant Professors) were advertized for Roster Points No. 8 & 9 i.e. for OBC and Ex-Servicemen category.

4(e) After Personnel Department’s pointing out faulty implementation of Roster, respondents corrected the mistake. While correcting the mistake, in order to balance the rights which had shifted due to faulty implementation of the Roster, Sh. Ruppam Chakraborty (UR) was not allocated any Roster Point as he had already resigned. The Roster works out as under:-

Taking into account the facts of the case, the advise rendered by Department of Personnel is justified. In view of the mistake committed by the respondents in application of Roster during 2013-2015 and in order to correctly implement the Roster, it was necessary to advertize two posts of Lecturers/Assistant Professors which had become available in the year 2014 (advertized during 2014 & 2015 for the OBC and Ex-Servicemen category) against Roster Points No. 7 & 8 for SC and wards of Ex- Servicemen category (as none was found eligible against Ex- Servicemen category). Hence, respondents’ advertizing post of Assistant Professors against 7th Roster Point for the candidates belonging to Scheduled Caste category does not suffer from any illegality. This Roster Point had not been advertized previously by the respondents. Without advertizing the available post for 7th Roster Point, respondents had been wrongly advertizing the posts for Roster Points No. 8 & 9. Their mistake was detected. In order to correct the mistake, respondents advertized available two posts of Assistant Professors for 7th & 8th Roster Points. Respondent No. 5 got selected against Roster Point No. 7 in the year 2016. Petitioner’s challenge to respondents’ advertizing & filling the post of Assistant Professor in the year 2016 against Roster Point No. 7, in this writ petition filed in the year 2022 is without any merit. It is only the next post which will fall at Roster Point No. 9 that is to be advertized for candidates belonging to OBC category.

No other point was urged.

5. In view of above discussion, this petition fails and is accordingly dismissed. Pending miscellaneous application(s), if any, also stand disposed of.