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Himachal High Court nullifies appointments of university professors – Himachal Scape

Posted on by darion

Shimla, July 10

In a landmark decision, the Himachal Pradesh High Court has quashed the appointments of two associate professors in the Department of Mathematics at Himachal Pradesh University. The case of Dr. Rajesh Kumar Sharma vs. Himachal Pradesh University and others had highlighted significant procedural irregularities and conflicts of interest in the selection process.

Dr. Rajesh Kumar Sharma, the petitioner, challenged the appointments on the grounds of eligibility and procedural misconduct. He contended that the selected candidates were not eligible for the posts as per the norms laid down under the Himachal Pradesh University Act, 1970 and related statutes. Dr. Sharma further alleged that the appointments were nepotistic as the spouses of the selected candidates were already employed by the university.

The court held that the university’s Executive Council had illegally delegated its power of appointment to the Vice-Chancellor. According to the court, this delegation violated Section 12-C of the Himachal Pradesh University Act, which clearly states that the Vice-Chancellor has no power to appoint teaching staff, either in the ordinary course or in emergencies. The action of the Executive Council was held to be “in itself bad in law” as it was contrary to the provisions of the Act.

Justice Ajay Mohan Goel, presiding over the case, emphasised that the appointments were made through “colourful exercise of power”. The court did not delve into the individual eligibility of the private respondents or the allegations of plagiarism to avoid any adverse impact on their future career prospects. Instead, it directed the university to re-advertise and fill the posts strictly as per the legal and procedural requirements.