University Estopped From Adopting Different Yardsticks: Himachal Pradesh High Court Asks Dr Y.S. Parmar University To Consider Guest Teacher’s Candidature For Assistant Professor

The petitioner, working as Guest Faculty in the Department of Forest Products at Dr. Y.S. Parmar University of Horticulture and Forestry (respondent), had approached the High Court after not being placed in merit prepared by the University for the selection to three posts of Assistant Professors, Forest Products.

The Single Bench of Justice Sandeep Sharma asserted, “Though, as per advertisement, it has been mentioned that ‘25’ marks are to be awarded for M.Sc. in concerned subject, but there is no material before this court that how the ‘concerned’ subject is to be ascertained by the interview committee or the competent authority, however, taking cue from the fact that M.Sc. (Botany) was considered as an ‘allied/concerned’ subject for admission of the petitioner to Ph.D. course by the respondent-University itself, an inference can be safely drawn that ‘Botany’ is a concerned subject for the post of Assistant Professor (Forest Products) and therefore, the respondentUniversity could not have denied marks for M.Sc. Botany. Otherwise also, respondents are estopped from adopting different yardstick while considering M.Sc. (Botany) as ‘concerned’ subject for Ph.D. and ignoring the same, for the post of Assistant Professor (Forest Products), especially when she has done Ph.D. in relevant subject, on the basis of her M.Sc. Botany and Ph.D. in (Forestry, Medicinal and Aromatic Plants) is essential qualification for the post in question.”

Senior Advocate Sanjev Bhushan represented the Petitioner, while Senior Advocate Dilip Sharma represented the Respondent.

Factual Background

Various posts of Assistant Professor/equivalent in different disciplines, including three posts of Assistant Professor, Forest Products (2 for General Category and 1 for SC Category), were advertised. Considering herself to be fully eligible, the petitioner applied for the post of Assistant Professor, Forest Products. A Scrutiny Committee found the petitioner, along with other candidates, eligible for the post in question. An interview for the post of Assistant Professor, Forest Products, was held, but the petitioner’s name did not appear on the final merit list. The petitioner was not granted any marks for M.Sc. Further, inquiry revealed that since the petitioner had not done a Master’s degree in Forest Products, the same was not considered.

The petitioner thus approached the High Court seeking a direction to the Respondent University to grant pro rata marks for the M.Sc degree of the petitioner for the post of Assistant Professor, Forest Products, as advertised.

Reasoning

The Bench took note of the fact that the petitioner was working as a Guest Faculty with the Department of Forest Products. After having done M.Sc. in Botany, the petitioner was enrolled for a PhD in the subject of Forest Products. The petitioner had done her doctorate in the subject of Forestry, Medicinal and Aromatic Plants. It was further noticed that, as per the qualification prescribed for the post of Assistant Professor, Forest Products, the petitioner was fully eligible, and she was called for the interview.

The Bench was of the view that once the respondents themselves considered M.Sc Degree (Botany) of the petitioner for her being enrolled as a candidate for PhD in the subject of Forestry, Medicinal and Aromatic Plants, there was no occasion for the Interview Committee not to grant marks to the petitioner for her having done M.Sc in Botany. “Leaving everything aside, once M.Sc in the subject of Botany was considered as “allied subject” for Ph.D., respondents could not have ignored the same while considering afore qualification for the purposes of selection to the post of Assistant Professor”, it added.

As per the Bench, when Master’s degree done by the petitioner in the subject of Botany was considered for enrollment of the petitioner for Ph.D. in Forestry, Medicinal and Aromatic Plants coupled with the fact that M.Sc. and Ph.D. in Forest Subject is one of the eligibility conditions for the post in question, Interview committee could not have ignored M.Sc done by the petitioner in the subject of Botany. It was also noticed that out of the sanctioned 16 posts of Assistant Professor in the department of Forest Products, 13 posts are presently filled up and 3 posts are lying vacant, but the same could only be filled up with the approval of the State of Himachal Pradesh.

The Bench was thus convinced that the petitioner was eligible to be awarded marks for having done M.Sc. in the allied subject i.e. Botany. Considering that one post of Assistant Professor was lying vacant, the Court, without disturbing the appointment of the private respondent to the post in question, directed the respondent-University to consider the candidature of the petitioner against the third post after considering her M.Sc in the subject of Botany as a concerned subject and grant marks on a pro rata basis.

Cause Title: Seema Sharma v. Dr. Y.S. Parmar University of Horticulture and Forestry (Neutral Citation: 2025:HHC:40412)

Appearance

Petitioner: Senior Advocate Sanjev Bhushan, Advocate Sparsh Bhushan

Respondent: Senior Advocate Dilip Sharma, Advocate Ramesh Sharma, Advocate Manish Sharma

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