high court

The Delhi HC has quashed parts of Jawaharlal Nehru University (JNU) advertisements, requesting the appointment of a professor and associate professor claiming illegality in the process by some faculty members.

Delhi HC directed the university to reconsider the issue and prepare afresh to fill these two positions under challenge by the teachers and finalize the exercise within 3 months.

It was working with a plea filed by two assistant professors, involved in the recruitment process, and two professors who challenged the legality of the process.

The petition alleged that they were suggesting to apply for vacancies for the reserved category, but JNU converted one post from Scheduled Caste (SC) to Scheduled Tribe (ST) category, whereas the other post was reserved and changed to general seats.

The other two petitioners are professors at the university and are not impressed with the selection process for the advertisements, but have implanted themselves in the petition to expose the alleged illegalities in filling the posts reserved for legalization.

Justice Jyoti Singh mentioned that it is open to the university to commence a fresh recruitment procedure and promote the two posts after the above activity is completed.

The judge said that the burden was on the university to prove that the reservation rosters have been properly restored, which in my view, it has failed to discharge. Mere statement and denial that no reservation has been made or exchange of reservation points will not be sufficient by the University to reproduce the data/tables recorded by the petitioners.

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Senior advocate Akhil Sibal, representing the petitioner teachers, submitted that the policy of “post-based reservation” for appointments to teaching posts in universities would have to be followed, stating that specific teaching posts should be for individuals belonging to specific persons be designated or reserved categories like SC, ST, and OBC.

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The petition challenged two advertisements released by the edition on August 19, 2019. It stated that the university released a statement on their website that there were 91 vacancies in SC / ST categories in the Associate Professor and Professor cadre and only 57 against it has been advertised.

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