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Judgment
Tarlok Singh Chauhan, J
The instant petition has been filed for the grant of following substantive relief:-
(i) That the respondent may be directed to permit the petitioner to participate in the interview scheduled to be held on 8th December, 2020 and 10th
December, 2020 through virtual mode.
As per the averments made in the petition, the petitioner is working as a Guest Faculty in the University College of Business Studies (for short the
‘UCBS’), Avalodge, Shimla-4 and Department of Computer Science in the University for the last 20 years. The petitioner is Ph.D. in Computer
Science since 2012.
It is averred by the petitioner that very few regular appointment opportunities are available in the Department of Computer Science and UCBS for
the last 20 years and it is only now that the petitioner vide call letter dated 23.11.2020 was called for the interview for the post of Assistant Professor
in the subject of Computer Science scheduled to be held on 08.12.2020 at 11:00 a.m. in the chamber of Vice-Chancellor of the University.
Likewise another call letter for the post of Assistant Professor in the subject of BCA in UCBS, Avalodge, Shimla-4 and the date of interview has
been fixed on 10.12.2020 at 11:00 a.m. at the same venue and place.
It is further averred that the petitioner alongwith her family members have tested positive for the Novel Corona Virus COVID-19 on 29.11.2020
and have been kept under home quarantine as per the protocol till 16.12.2020 and, therefore, it would be impossible for her to appear in person in the
aforesaid interviews.
It is in the given circumstances, the petitioner has filed the present petition for permitting her to participate in the aforesaid interviews through virtual
mode.
We have no reason to disbelieve the version of the petitioner that on account of being COVID-19 positive, it would not be possible for her to appear
in the aforesaid interviews in view of the protocols and advisories issued by the Central and the State Government.
Even otherwise, the Court cannot be oblivious to the legal maxim Lex non intendit alquid impossibilia (Law intends not to anything impossible) and
Lex non cogit ad impossibilia (The law does not compel the impossible) .
Above all, the respondent-University has itself been fair enough to permit the petitioner to appear before the Selection Committee through Online
mode, as is evident from the letter dated 07.12.2020. The relevant portion of the letter reads as under:-
“With reference to your application dated 3rd December, 2020 on the subject cited above, I am directed to inform you that Vice-Chancellor has
been pleased to allow you to appear before the Selection Committee through Online mode for the interview of Assistant Professor in Computer
Science and BCA for HP University, Shimla and UCBS, Avalodge, Shimla-4 on 8th December, 2020 and 10th December, 2020, respectively on
account of your having been found positive for novel Corona Virus (COVID-19), as a special case.
The online link for the purpose will be provided through your e-mail id ([email protected]) mobile No. 98162-20049 separately. Any further
enquiry in this regard can be had on telephone no. 0177-2833510.â€
Since, the respondents themselves have fairly conceded to the claim of the petitioner, therefore, no further orders are required to be passed, save
and except, to direct the respondents to honour the undertaking, as reproduced above.
The petition stands disposed of in the aforesaid terms, so also pending application(s), if any.
Authenticated copy of order be supplied to the learned counsel for the parties by the Court Master.