JAGDAMBA SINGH Vs. VICECHANCELLOR UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) These two writ petitions involve common questions of law and facts and can be decided by a common judgment and as such the same are being taken up together.

(2.) By means of advertisement Nos. 3. 4 and 5 of 1999 (Annexure Nos. 1, 2 and 3 to the writ petition), the University of Allahabad has advertised 188 posts (38 posts for Professors, 65 posts of Readers and 85 posts of Lecturers) which are tying vacant in different departments of the University. The petitioners of writ petition No. 31116 of 1999 have prayed for a writ, order or direction in nature of certiorari quashing the advertisement Nos. 3. 4 and 5 of 1999 and for a direction in the nature of mandamus commanding the University to incorporate the qualifications as provided in the notification issued by the University Grants Commission, in Short (U.G.C.). The petitioners have further prayed for a direction to the University to re-advertise the posts mentioning in the advertisement itself the minimum qualifications prescribed for the said posts as amended up to date and to apply the roster as provided by the State Government properly making reference to this effect in the advertisement itself. The other prayers of the petitioners are to apply the reservation policy on the posts of Professor also and to advertise one post of Reader in Chemistry earmarking it for Physical Chemistry working in the field of Theoretical/Solid State Chemistry. The petitioners of Writ Petition No. 36208 of 1999 have also made similar prayers.

(3.) The petitioners of Writ Petition No. 31116 of 1999 are teachers of the University of Allahabad excepting petitioner No. 11 who is the teacher in a Degree College. To be more precise, petitioners No. 1 to 4 are Readers while petitioners No. 5 to 10 are Lecturers in various departments of the University of Allahabad. Petitioner No. 11 though not a Teacher in the University is interested in seeking appointment as Lecturer in the University of Allahabad. The petitioner in petition No. 36208 of 1999 is Reader in the department of Philosophy of the University of Allahabad. The impugned advertisements issued by the University are sought to be quashed on the grounds, inter alia, firstly, that the law of reservation as provided in the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (for short 'U. P. Act No. 4 of 1994') and the roster issued thereunder have not been applied to various posts covered by the impugned advertisements : and secondly, that the advertisements have been issued without amending the first Statute of the University in terms of the notification dated 24.12.1998 issued by University Grants Commission. In respect of the post of Reader in the Department of Chemistry, it has been alleged that the advertisement is bad due to non-earmarking of one post for the Physical Chemistry to be filled up from amongst eligible and qualified candidates working in the field of Theoretical /Solid State Chemistry.