DR. R. P. SRIVASTAVA AND OTHERS Vs. CHANDRA SHEKHAR AZAD UNIVERSITY OF AGRICULTURE AND TECHNOLOGY, KANPUR AND ANOTHER

JUDGEMENT

(1.) This Writ Petition under Art. 226 of the Constitution has been filed by Dr. R. P. Srivastava and others seeking mandamus directing the respondents to convene Board's meeting and further to consider the matter of appointment of the petitioners in accordance with the Act and the Statutes.

(2.) The petitioners were Associate Professors/Scientists working in the scale of Rs. 1200-1900 in Chandra Shekhar Azad University of Agriculture and Technology, Kanpur. An advertisement dated 4-11-1985 was made for permanent selection for the posts of Professors, Heads of Departments and of equivalent status carrying pay-scale of Rs. 1500-2500. Another advertisement was made for the posts of Associate Professors/Scientists. The petitioners were interviewed from Nov., 1987 to March, 1988 for both the categories of posts, namely Heads of Departments/Professors as well as Associate Professors. Their assertion is that the Board of Management is the supreme body of the University. The Board should have approved and given the decision on the appointment issued by the Vice-Chancellor by the order, dated 6-12-1988. The petitioner's sole grievance is that the Board of Management should have met and finalised the appointments of the petitioners who were given six months appointment by the Vice-Chancellor on 6-12-1988.

(3.) In paragraph 17 of the counter-affidavit of Writ Petition No. 12269 of 1989 filed in reply to paragraph 22 of that Writ Petition the University has admitted that the meeting of the Board had not taken place and further that the Board was the appointing authority. In view of this admission made by the University in the counter-affidavit, it appears appropriate to us that in this case also we may issue a direction as done in Civil Misc. Writ Petition No. 16111 of 1988 : Dr. Y. K. Mathur Vs. Vice-Chancellor, Chandra Shekar Azad University of Agriculture and Technology, Kanpur, reported in (1990) 1 UPLBEC 438 (DB).