Dr. (Smt.) Geeta Kholia vs State of Uttarakhand and Others

Barin Ghosh, C.J.—According to the Petitioner, she is entitled to selection grade and according to her, she acquired such entitlement in 2003. It is stated that experts were nominated in accordance with the mandate of the rules in 2005, so as to constitute the selection committee for the purpose of ascertaining, whether the Petitioner is entitled to selection grade? It is stated that thereafter but before the selection committee was constituted and the eligibility of the Petitioner was considered, the Managing Committee of the College was superseded and an administrator was appointed. By reason thereof, the nomination of one of the experts by the Managing Committee is no longer in force. In order to redress the situation, Petitioner filed present writ petition in 2007. In the writ petition, an urgency application has been filed, which has been listed today. While considering the said application by consent of the parties, we took up the writ petition for final disposal.

We think that in the facts and circumstances of the case as above, to which there appears to be no dispute, it would be appropriate for the administrator to nominate an expert, whereupon let steps be taken for constitution of the selection committee. We, accordingly, direct the administrator to nominate an expert as quickly as possible but not later than one month from the date of service of a copy of this order upon him. We also direct the appropriate authority of the University to constitute the selection committee no sooner administrator nominates its nominee in terms of this order but not later than one month from the date of such nomination. Let the selection committee decide the fate of the Petitioner in accordance with law as quickly as possible but not later than three months from the date of constitution of the selection committee.

This disposes of the writ petition.