SHIV KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) On vacancies having arisen on the post of Assistant Professor in the Sardar Vallabh Bhai Patel University of Agriculture & Technology, Modipuram, Meerut, an advertisement was issued by the University to fill up such vacancies. In response to the same, the Petitioner as well as several other persons applied for the post of Assistant Professor (Genetics & Plant Breeding). The Petitioner was found eligible to the post, as he possessed the essential qualifications. After following the selection process and on the recommendation of the selection committee, the Petitioner, as well as two other persons were appointed on the post of Assistant Professor (Genetics & Plant Breeding), who joined on 24.3.2005. However, a complaint was made against the said appointment of the Petitioner by Respondent No. 5 to the effect that the Petitioner did not possess the essential qualification of National Eligibility Test (herein after referred to as NET). On such complaint, the Chancellor called for comments from the University as well as the Petitioner, who filed the same. Alter considering the case of the parties, the Chancellor vide its order dated 29.12.2009, cancelled the appointment of the Petitioner on the ground that he did not possess the essential NET certificate. Challenging the said order, this writ petition has been filed.

(2.) this Court, vide interim order dated 7.1.2010, stayed the operation of the order dated 29.12.2009, passed by the Chancellor, in so far as it related to the Petitioner on the basis of which the Petitioner is continuing in service.

(3.) We have heard Sri P.S. Baghel, learned Senior Counsel, assisted by Sri Gautam Baghel on behalf of the Petitioner as well as learned Standing Counsel appearing for the State Respondent, Sri Neeraj Tripathi for the Chancellor and Sri P.K. Ganguly for the University, and have perused the pleadings of the parties.