Vikas & ORS v. State Of Haryana & ANR

CWP-6900-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6900-2017 Date of Decision: 22.01.2025 Vikas and others

...Petitioner(s)

Versus

State of Haryana and another ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Vikas Kumar, Advocate, for Mr. T.C. Dhanwal, Advocate for the petitioners Mr. Krishan K. Chahal, Addl. AG, Haryana Mr. Amit Rao, Advocate, for Mr. Anurag Goyal, Advocate for respondent no.2/University TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed inter alia seeking a writ of certiorari quashing the advertisement PR-70 of 2016, Annexure P-1, whereby the respondent/University advertised regular posts of Assistant Professor, Associate Professor and Professor in various Departments. Further, a writ of mandamus has been sought directing the respondents to issue experience certificates to the petitioners for the period they have been working as Guest Faculty/Assistant Professor in different Departments. 2.

The petition has been filed on the ground that impugned advertisement has been issued to circumvent the process of law and deprive the petitioners of their livelihood in colourable exercise of power. 3.

Learned counsel appearing on behalf of the University has referred to the written statement, dated 23.04.2019, mentioning that petitioners no.1 to PAYAL 2025.01.24 15:52 I attest to the accuracy and integrity of this document

CWP-6900-2017 -23 and 7 were applicants for the post of Assistant Professor in different subjects, and were duly considered for appointment; however, they could not be selected being lower in merit. Selection pursuant to the advertisement in question has already been finalised and the selected candidates have joined the service as well.

4.

The selected persons who have joined service have not been impleaded parties to the petition despite the fact being in the petitioners' knowledge since April 2019. Therefore, the petition cannot be entertained in its present form. As per settled law, no order can be passed by the Court adverse to the interest of a person who is not a party to the lis. 5.

In view thereof, the petition stands dismissed. (TRIBHUVAN DAHIYA) JUDGE 22.01.2025 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2025.01.24 15:52 I attest to the accuracy and integrity of this document