Panjab University Calendar | Every Teacher Should Be Given Chance To Head Department On Rotation Basis, Irrespective Of Seniority: High Court

Interpreting the Panjab University Calendar Volume III, the High Court has observed that irrespective of the stature as junior and senior in the teaching department, everyone has to be given chance of Headship to lead the department on rotation basis.

Justice Sanjay Vashisth said, "this Court has no hesitation in observing the correct interpretation of the Rules, looking at the intent and purpose of framing of it, i.e. irrespective of the stature as junior and senior in the teaching department, everyone has to be given chance of Headship to lead the department on rotation basis. This interpretation is strengthened from Rule 2.3 itself, where instead of mentioning any post of a person, such as Professor, Reader or Lecturer, the word with which the rule starts is 'A person'."

The Court further added that, as per Rule 2.3, "a person" designated as Chairman/Head of the Department, shall hold office for a period of three years and shall not be eligible for designation for second time, till all the Professors/Readers/Lecturers in the department has been designated as Chairman/Head in accordance with Rule 2.1, as a whole.

These observations were made in response to the plea filed by Prof. (Dr.) Mohanmeet Khosla, seeking direction to Panjab University to appoint him as 'Chairperson/Head of the School of Communication Studies', for the stipulated period of three years.

Khosla also sought quashing of the order vide which Assistant Professor Sumedha Singh was designated to the said post.

The University argued that Khosla had already availed her term of Headship in 2008 when she was Assistant Professor, and as per the Panjab University Calendar Rules, "'a person', designated as 'Chairman/Head of the Department' shall hold the office as such for a period of three years and shall not be eligible for designation, for the second time, till all the Professors/Readers (Associate Professors)/eligible Lecturers (Assistant Professors) in the Department, have been designated as Chairman/Head."

After hearing that the submissions, the Court observed that the post of Chairman/Head of the Department in a teaching department is not a promotion to a particular position, rather it is merely a designation, and that too for a specific tenure of three years at a given time.

Perusing the Panjab University Calendar Rules, the Court said, the first and foremost condition is that the designation of Chairman/Head of the Department in a teaching department, is to be assigned by rotation and the exercise of rotation has to be accomplished strictly in consonance with the manner provided under Rules.

"A simple and complete reading of Rule 2.1 would reveal that at the first instance, for the purpose of designating 'a person' as Chairman/Head in the concerned teaching department, respondent- University has to exhaust the quota of all the Professors, who fall within the category of Rule 2.1(i)(a), and only thereafter, the next category of Readers, falling under Rule 2.1(ii)(a), shall be considered for the purpose of designating as Chairman/Head; and in the last, the Chairman/Head can be designated by rotation from amongst the eligible Lecturers, who have minimum teaching experience of 8 years as Lecturer in the Department, as prescribed under Rule 2.1(ii)(c)," it added.

The Court further said that, in the three-tier system adopted by the respondent – University, Headship would be designated in the teaching department to 'a person' on a rotation basis. Meaning thereby, once the rotation/quota of Professors is started, it would be exhausted completely, and in case no Professor is available, the chance of consideration for designation as Chairman/Head of the Department would spill over to the quota of Readers (Associate Professors) and once the quota of Readers (Associate Professors) is exhausted, the turn of eligible Lecturers (Assistant Professors) would come.

Justice Vashisht highlighted that "intent and purpose of formulating the rotation system by the framers of the Rules for Headship in the teaching department(s), i.e. to create good and maximum qualitative teachers, who can manage the affairs of the teaching departments, in a more efficient and effective manner."

The Court thus dismissed the petition stating that as per University Calendar Rules ( Rule 2.3), once 'a person' has been designated as Chairman/Head of the Department, he/she will not be eligible for same designation for the second time, until all other available and eligible Professors, Readers and Lecturers in the department, have availed the chance of being designated as Chairman/Head.

Mr. R.S. Khosla, Senior Advocate, with Mr. Aman Sharma, Advocate, for the petitioner.

Mr. Suvir Sidhu, Advocate, Mr. Gursher Singh Dhillon, Advocate, and Mr. Jashan Bains, Advocate, for respondent Nos. 1 and 2. (Panjab University)

Ms. Bhavneet Bhatti - respondent No. 4, in person.

Title: Dr. Mohanmeet Khosla v. Panjab University, Chandigarh and others

Citation: 2024 LiveLaw (PH) 

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