High Court Issues Notice On Plea Seeking Stay On Recruitment Of Teachers At Panjab University Till Implementation Of OBC Reservation Scheme

The Punjab & Haryana High Court has issued notice on a plea seeking quashing or a stay on Panjab University Teacher's Recruitment advertisements issued in 2023 and 2024 for allegedly failing to comply with the central education 

The Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019, mandates reservation for Scheduled Castes (SC), Scheduled Tribes (ST), socially and educationally backward classes (OBC), and Economically Weaker Sections (EWS) in teaching positions within central educational institutions, treating each institution as a single unit for reservation 

Justice Jagmohan Bansal issued notice to Panjab University, University Grants Commission, Union of India and other authorities and stated that, "The respondent is at liberty to take final decision during the pendency of instant petition."

The plea filed by Dr. Nirvain Singh and Gurmail sought the quashing of the impugned advertisements issued by Punjab University for the recruitment of 53 teachers, advertised in 2023 by the Panjab University for the recruitment of 23 teachers, and another advertisement issued in 2024  for the recruitment of 26 teachers.

These advertisements are challenged for quashing because they fail to comply with the Central Education Institutions (Reservation in Teachers' Cadre) Act, 2019, by the Government of India.

In alternative, it sought to issue direction, to stay all ongoing recruitment in the Panjab University until the full implementation of the Central Education Institutions (Reservation in Teachers' Cadre) Act, 2019.

The plea submitted that the demand for OBC reservation at Panjab University is in line with the constitutional provisions laid down under Articles 15(4) and 16(4) of the Constitution and empower the state to make special provisions for the advancement of socially and educationally backward classes (OBCs), and to ensure their fair and adequate representation in educational institutions and public services.

"It is the fundamental constitutional right of the OBC community to receive the benefits of reservation as mandated by law, and the failure to implement these provisions by the authorities of Punjab University is a violation of their constitutional rights," it added.

The matter is listed for August 19, for further consideration.

Mr. R.S. Bains, Sr. Advocate, with Mr. Amar Jeet, Advocate, for the petitioners.

Mr. Akshay Kumar Goel, Advocate, for respondent No.1.

Mr. Aman Kumar, Advocate, for Mr. Jaivir S. Chandail, Additional Standing Counsel, for U.T., Chandigarh.

Title: Dr. Nirvair Singh and another v. Panjab University, Chandigarh and others

Click here to read/download the order