ABDUL HAMEED FAZLI Vs. ADAM MALIK KHAN

JUDGEMENT

(1.) This special leave petition has been filed against the judgment and order of the High court of Allahabad made on 4/9/1996 in MCWP No. 38618 of 1994.

(2.) The admitted position is that for one permanent post of lecturer in Islamic studies in the Department of Islamic Studies of Aligarh Muslim University, Aligarh an advertisement was issued pursuant to which the Writ Petitioners 1, 3 and 4, Research Scholars in the same Department, together with the petitioner and another applied for selection. The Selection Committee constituted by the University conducted the selection and one Abdul Hameed Fazli, a temporary lecturer was selected and posted against the said vacancy on 9/5/1994. The same Committee selected three more persons including the petitioner and kept them in the reserve list. When the temporary vacancy had arisen the petitioner came to be appointed in the said post.

(3.) The respondents filed the writ petition in the High court questioning the appointment of the petitioner and the very power of the Executive Committee and the Selection Committee to prepare the select list and keep a reserve list for appointment against vacancies without resorting to the selection as contemplated under Section 29 of the Aligarh Muslim University Act, 1920. The division bench of the High court had held that the procedure adopted by the University in constituting a committee for recommendation under resolution Item No. 58 and recommendation of that Committee for preparing select list and keeping that , list alive for filling up the vacancies arising due to retirement etc. are in violation of Section 29 (2 (a) of the Act and that, therefore, the resolution and the action of the Executive council were ultra vires the power. Thus, this special leave petition.