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CASE NO.: Appeal (civil)  8197 of 2001

PETITIONER: REGIONAL ENGINEERING COLLEGE KURUKSHETRA

RESPONDENT: KARAN SINGH SAINI & ORS

DATE OF JUDGMENT: 05/03/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO. 8197 OF 2001

       Despite receipt of notice, Respondent No.1 is neither represented by a counsel nor  appears in person.

       Having regard to the facts and circumstances of this case, we propose to dispose of  this appeal with a short order.

       Respondent No.1, Shri Karan Singh Saini, was appointed as Junior Engineer (Civil)  on adhoc basis for a period of three months.  It appears that respondent No.3,  transposed as appellant No.2, was thereafter appointed on regular basis to the same  post.  Aggrieved thereby, respondent No.1 filed a writ petition which has been allowed  by the impugned order of the High Court.  The High Court was of the view that the  appointment of appellant No.2 was not made in accordance with the rules and the High  Court directed fresh advertisement for the post by announcing it through  radio/television, publishing it  in  newspapers   of   wide   circulation   and  by sending  .....2.

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requisition to the Employment Exchange.  On this ground, the appointment of appellant  No.2 was set aside.

       We are unable to agree with the reasoning of the High Court.  It appears that the  appointment of appellant No.2 on regular basis has been made by following the  procedure contained in  Rule 11(1) of Non-Teaching Staff Service Rules, 1984.   

       In the view that we have taken, the High Court fell in error in setting aside the  appointment of appellant No.2.   

       The order of the High Court is set aside.  This appeal is allowed.  No costs.