DR. Y. K. MATHUR Vs. VICE

JUDGEMENT

(1.) Writ Petition No. 16111 of 1988 has been filed by Dr. Y. K. Mathur. Head of the Department of Entomology, Chandra Shekhar Azad University of Agriculture and Technology, Kanpur, seeking certiorari quashing the impugned advertisement No. 1/84, Item No. 6 (Annexure III). The grievance of the petitioner is with regard to Item No. 6 of the said advertisement, which is being reproduced below :

(2.) In July 1975, U. P. Institute of Agriculture Sciences, Kanpur, was converted into Chandra Shekhar Azad University of Agriculture and Technology. This University has been created under the U. P. Krishi Evam Prodgyogik Vishwavidyalaya Adhiniyam, 1958 (U. P. Act No. XLV of 1958). The petitioner, who was M. Sc. (Agriculture) and Ph.D , was appointed as Entomologist in the year 1975, after having been selected by the U. P. Public Service Commission. He became the Head of Department of Entomology in 1984. Since then, the petitioner has been discharging his duties as provided under the Act and the Statutes, as Head of the Department of Entomology.

(3.) The petitioner made a representation on 23-12-1987 to the Chancellor under Sec. 23 of the Act through the Vice-Chancellor, Chandra Shekhar Azad University of Agriculture and Technology, alleging that no post of Professor and Head existed and, therefore, the Chancellor was requested not to approve the selection held on the said post which had been advertised under advertisement No. 1/84. The claim of the petitioner was that since there was no post of Professor and Head of Department of Entomology, the advertisement made was invalid, being against the provisions of the Act and the Statutes, and, consequently, the same was liable to be quashed.