Himachal Pradesh High Court Rules in Favor of Guest Faculty in Employment Dispute

Seema Sharma to be reconsidered for Assistant Professor post after court recognizes M.Sc in Botany as an allied subject

In a significant ruling, the Himachal Pradesh High Court has directed Dr. Y.S. Parmar University of Horticulture and Forestry to reconsider the candidature of Seema Sharma for the post of Assistant Professor, Forest Products. The court held that the university's refusal to award marks for Sharma's M.Sc in Botany during the selection process was inconsistent with its previous recognition of the degree as an allied subject for PhD enrollment and Guest Faculty appointments.

The case, overseen by Justice Sandeep Sharma, arose when Seema Sharma, currently a Guest Faculty member at the university, was denied marks for her M.Sc in Botany in the selection process for the Assistant Professor position. This omission excluded her from the merit list for the advertised posts. Sharma argued that the university had previously acknowledged her M.Sc in Botany as an allied discipline for her PhD enrollment in Forestry, Medicinal, and Aromatic Plants.

The court agreed with Sharma's contention, pointing out the inconsistency in the university's criteria for recognizing qualifications. Justice Sharma emphasized that the university's own admission process for the PhD program had accepted Botany as an allied subject. Consequently, the same recognition should apply when considering appointments for Assistant Professor positions.

Moreover, the court noted that while the university had filled two of the initially advertised posts, a third vacancy remained due to the ongoing litigation. The court ordered the university to consider Sharma's application for this vacant position, granting her the appropriate marks for her M.Sc in Botany. However, it was clarified that if Sharma's recalculated marks surpass those of the currently appointed candidate, she would not claim seniority over them.

The ruling underscores the necessity for academic institutions to maintain consistent standards in recognizing qualifications across different processes. It also highlights the importance of transparent and fair criteria in selection processes to ensure deserving candidates are not unjustly excluded.

Bottom Line:

Employment Law - Denial of marks for allied subject qualification in selection process for Assistant Professor - M.Sc in Botany considered as allied subject for PhD enrollment and Guest Faculty appointment; marks for the same cannot be denied during the selection process for Assistant Professor.

Statutory provision(s): Himachal Pradesh Universities of Agriculture, Horticulture & Forestry Act, 1986

Seema Sharma v. Dr. Y.S. Parmar University of Horticulture and Forestry, (Himachal Pradesh) : Law Finder Doc Id # 2818040