TRILOKI NATH SINGH Vs. BHAGWAN DIN MISRA

JUDGEMENT

(1.) THIS Civil Appeal by Special Leave is directed against the judgment of the High Court of Judicature at Allahabad (Lucknow Bench) dated 3-12-1974. The High Court by a common order disposed of number of Writ Petitions but we are concerned with Writ Petition No. 418 / 74 filed by Dr. Bhagwan Din Misra who is respondent No. 1 before us.

(2.) BRIEF facts of the case are that in the month of August, 1973 an advertisement appeared in the daily Newspaper "National Herald" inviting applications for the post of Reader in 'Linguistics' in the Department of Hindi of the University of Lucknow. Interview of the candidates was held on 8-4-74 at 3.00 p.m. by a Selection Committee consisting of five members viz. the Vice-Chancellor of the University, Dr. K. N. Shukla, Head of the Department of Hindi and Modern Indian Languages Lucknow University, Dr. Bhagirath Misra, Head of the Department of Hindi Saugar University, Saugar, Dr. Harbanslal Sharma, Head of the Department of Hindi, Aligarh Muslim University, Aligarh and Shri, Shyam Sunder, Head of the Department of Hindi Bihar University, Muzaffarpur. It may be noted that the three experts from outside as mentioned above were experts in Hindi Literature and not Linguistic experts. The Selection Committee after interviewing the various candidates recommended the name of the appellant, Dr. Triloki Nath Singh for being appointed to the post of Reader. Linguistics in Hindi Department and the respondent No. 1, Dr. Bhagwan Din Misra was placed in the second position.

(3.) WE have heard counsel for both the parties. It may be mentioned that' the Lucknow University neither filed any appeal against the order of the High Court nor arty counsel appeared on its behalf before us. Learned counsel for the appellant contended that under Explanation II to sub-sec. (5) of S. 31 of the Act of 1973 the experts drawn out of the panel of experts in Hindi could make selection of Reader in 'Linguistics' in the Department of Hindi.