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High Court of Punjab and HaryanaCOCP/1650/2022dismissed

Hardeep v. Ankur Gupta, Ias And Another

2025-12-01Mr. Justice Vikram Aggarwal3 pages

That the deponent hereby submits that the Courses of B.PED and M.PED stands discontinued in the Department of

-2Physical Education in the session 2019-2020 and No fresh admission has been made in the year 2019-20 for B.PED & M.PED and now there are no regular classes for the courses in the Department of Physical Education. As per E.C. Resolution No. 49 dated 29.07.2020 M.A. Yoga Science (SFS) Programme has also been shifted from Department of Physical Education to Centre for Yogic Studies under the faculty of Interdisciplinary Studies and is being run there. The workload of the Department of the Physical Education was re-assessed by a Committee headed by the Dean Academic Affairs, Dean Faculty of Education & HOD. The Committee recommended that there is sufficient faculty including specialized human resource within the university to meet the workload of the Department of Physical Education. A copy of committee recommendation dated 07.09.2020 is annexed herewith as Annexure R-2/1.

The Vice-Chancellor approved the recommendations of the Committee observing that there is no need to engage faculty on Contract basis (earlier designated as Resource Person). Till date no Resource Person/Assistant Professor on contract has been re-engaged in the Dept. of Physical Education since session 2020-21. It is submitted that Centre for Yogic Studies has already been established vide Executive Council Resolution No. 49 dated 29.07.2020, Academic Council's Resolution No. 6 dated 24.10.2020 & Executive Council Resolution No. 16 dated 29.10.2020. A copy of Executive Council Resolution No. 49 dated 29.07.2020, Academic Council's Resolution No. 6 dated 24.10.2020 & Executive Council Resolution No. 16 dated 29.10.2020 are annexed herewith as Annexure R-2/2, R-2/3 and R-2/4 respectively.

Presently, there is no sanctioned post (Budgeted/SFS) in Centre for Yogic Studies so no new/old Resource Person had been engaged/re-engaged. As per Section- 9 (F) of Maharshi Dayanand University Act-1975, the University cannot create any Teaching and Non-Teaching posts) without obtaining prior approval of the Government. Accordingly, the University vide letter dated 27.06.2022 has requested the Director General, Higher Education, Haryana to convey approval for creation of various teaching and nonteaching post for existing/newly created Teaching Departments/ Centres/ Institutes including Centre for Yogic Studies and has further sent revised information to Director

-3General Higher Education, Haryana vide letter dated 21.07.2022. Copy of letter dated 27.06.2022 and 21.07.2022 are annexed herewith as Annexure R-2/5 (colly) and the approval is still awaited. A representation dated 13.07.2022 was received from the petitioner vide Which he has requested to re-engage him as Assistant Professor on contract for teaching Yoga in Centre for Yogic Studies and the petitioner has been informed vide letter dated 23.08.2022 that the Classes in the Centre for Yogic Studies are being conducted by sufficient existing Regular Teaching Faculty of the University for the current academic session and no Resource Person has yet been engaged in the Centre for Yogic Studies. Till date there is no change in the position as already conveyed to the petitioner. A copy of letter dated 23.08.2022 and communique sent through email dated 05.09.2022 are annexed herewith as Annexure R-2/6 (colly)."