S N SHUKLA Vs. CHANCELLOR LUCKNOW UNIVERSITY

JUDGEMENT

(1.) The petitioner, who is Dr. S. N. Shukla, is a Professor of Chemistry in the Lucknow University. The third respondent, Dr. A. B. Sen is also a Professor in the same Department. The other two respondents are the Chancellor of the University and the Lucknow University as such.

(2.) Dr. A. C. Chatterji who was the then Professor of Chemistry retired on the 30th April, 1956, and it became necessary to make an appointment in the vacancy thus created. Earlier in January, 1958, the University Grants Commission had in pursuance of their scheme for the development of the higher scientific education during the Second Five Year Plan sanctioned various grants one of which made provision for the entertainment of one further Professor of Chemistry in this University on condition that the State Government also placed a matching grant of similar amount to meet the cost of the post. Appointment of two Professors thus became necessary. An advertisement inviting applications from candidates for these posts and some other posts was then published in the papers. It was thus:-

(3.) Sub-section (6) of Section 23 of the Act requires that there shall be a Head in each Department of teaching who shall be responsible to the Deon for the organization of the teaching in the Department. It further provides that the senior most teacher of the Department shall be the Head of the Department. In view of the above provision it became necessary to declare who out of the two Professors shall be the Head of the Department of Chemistry. On a query by the Dean of tile Faculty made in that behalf, the Vice Chancellor ordered on the 3rd of January, 1959 as follows: