DR. DATA RAM SHARMA Vs. THE VICE

JUDGEMENT

(1.) Petitioner Dr. Data Ram Sharma, is a Lecturer in Hindi in B.S.M. College, Roorkee. This college is affiliated to the Meerut University, Meerut, which is governed by the U.P. State Universities Act, 1973. The college applied to the Vice-Chancellor for sanction in order to run post graduate classes in Hindi in the said college. This sanction having been granted the post of Reader in Hindi was advertised and an interview was held on 29th June, 1974. The petitioner was not selected to the said post but Dr. Y.N. Sharma, respondent No. 4 was selected. On 10th July, 1974 an appointment letter was issued to Dr. Y.N. Sharma appointing him as the Reader in Hindi in the said college subject to the approval of the Vice-Chancellor. It appears that after the said appointment was made the petitioner represented against the selection of Dr. Y.N. Sharma and ultimately the matter was referred to the Vice-Chancellor. On 10th Sept., 1974 the Assistant Registrar of the Meerut University communicated the decision of the Vice-Chancellor to the Secretary of the College intimating therein that the petitioner was not qualified fort the post of Reader and that the Vice-Chancellor had been recommended by both the experts appointed by the Vice-Chancellor. The petitioner aggrieved by the order dated 10th Sept., 1974 filed the present petition under Art. 226 of the Constitution of India in this Court.

(2.) At the commencement of the hearing of the petition a preliminary objection was taken by the respondent's counsel to the effect that since the petitioner is challenging the order of the Vice-Chancellor, he has an alternative remedy to approach the Chancellor of the Universities under Sec. 68 of the U.P. State Universities Act, hereinafter referred to as the Act, and as such the present petition is not maintainable.

(3.) We have heard the learned counsel for the parties length on this question.