The Punjab & Haryana High Court has issued a notice in response to a petition that challenges the teacher recruitment process at Panjab University, alleging it violates the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019. The petition seeks either to quash the recruitment advertisements issued by the University in 2023 and 2024 or to put an immediate stay on the recruitment process until the reservation scheme is properly implemented.
Read also: P&H High Court Slams State for Breach of Contract, Cites Rule of Law
The plea was filed by Dr. Nirvain Singh and Gurmail, who questioned the legality of the University's recruitment advertisements for 53 teaching posts. Out of these, 23 were advertised in 2023 and 26 in 2024. The petitioners claim that these advertisements were issued without following the mandatory reservation policy for Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and Economically Weaker Sections (EWS) as per the 2019 Act.
“The Central Educational Institutions (Reservation in Teachers’ Cadre) Act, 2019, clearly mandates that each central educational institution must be treated as a single unit for the purpose of applying reservations,” the plea highlights.
Justice Jagmohan Bansal, while hearing the matter, issued a notice to Panjab University, the University Grants Commission (UGC), the Union of India, and other concerned authorities. He stated:
“The respondent is at liberty to take final decision during the pendency of instant petition.”
The petition also made an alternative request to the court — if the recruitment could not be quashed immediately, then a direction should be issued to stay all ongoing teacher recruitments at Panjab University until the proper implementation of the reservation norms under the 2019 Act.
The petition refers to Articles 15(4) and 16(4) of the Indian Constitution, which empower the state to make special provisions for the advancement of socially and educationally backward classes, and to ensure fair representation in education and public employment.
“It is the fundamental constitutional right of the OBC community to receive the benefits of reservation as mandated by law,” the petition stated, adding that
“the failure to implement these provisions by the authorities of Panjab University is a violation of their constitutional rights.”
The matter is now pending further consideration before the High Court, which will examine whether Panjab University’s recruitment practices align with the constitutional and statutory mandates regarding reservation in central educational institutions.
The matter is listed for August 19, for further consideration.
Mr. R.S. Bains, Sr. Advocate, with Mr. Amar Jeet, Advocate, for the petitioners.
Mr. Akshay Kumar Goel, Advocate, for respondent No.1.
Mr. Aman Kumar, Advocate, for Mr. Jaivir S. Chandail, Additional Standing Counsel, for U.T., Chandigarh.
Title: Dr. Nirvair Singh and another v. Panjab University, Chandigarh and others
