RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Neeraj Tripathi appears for Chancellor of Mahatma Gandhi Kashi Vidyapeeth, Varanasi. Shri Ajit Kumar Singh appears for the University.

(2.) THE petitioner has prayed setting aside the order dated 23/28th December, 2010 passed by the Chancellor, Mahatma Gandhi Kashi Vidyapeeth, Varanasi in so far as the Chancellor has accepted the reference of disagreement of the Executive Council of the University under Section 31 (8) (a) of the U.P. State University Act, (in short, the Act), to the recommendations of the selection of the petitioner by the Selection Committee, for the post of Reader in Psychology (unreserved).

(3.) THE Chancellor in his impugned order dated 23/28th December, 2010 has found that so far as the selection on the post of Reader Psychology, (unreserved) on which Shri Rajendra Singh has been recommended at serial No. 1 and Shri Arun Kumar Jaiswal at serial No. 2 in the waiting list and if none of them joins, Dr. Shafali Varma Thakral and Dr. Madan Gopal Varma in the waiting list; the subject specialists were present in requisite number, but that since a vigilance enquiry has been instituted in respect of all the appointments made by the then Vice-Chancellor, which is likely to take some time, in the interest of the students, the matter has been referred to him. The Chancellor has observed that since the persons, who have been recommended for appointment, have not been issued any appointment letter, nor the Executive Council has accepted the recommendations of the selection committee, the persons recommended for the selections have not acquired any vested rights and thus on the decision taken by the Executive Council, the recommendations of the selection committee are cancelled.