SUSHIL KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri H.N. Shukla, learned Senior Advocate assisted by Sri R.R. Shukla, Advocate on behalf of the petitioner, Sri M.A. Khan, Advocate on behalf of the respondent-cm and learned Standing Counsel on behalf of the State respnodents.

(2.) Sri Saraswati Vidyalaya Post Graduate College, Hapur is a degree college affiliated to Meerut University, Meerut. Substantive vacancy was caused on the post of Lecturer in the subject of Commerce in the said institution. It was notified to the U.P. Higher Education Services Commission. No recommendation was forwarded by the Commission for over three years. Therefore, the Committee of Management initiated proceedings to appoint a teacher against the said vacancy on ad hoc basis. For the purpose it published an advertisement on 07.12.1990. Selection committee was constituted. Petitioner applied. The selection committee recommended one Akhil Kumar Mittal at serial no. 1 and the present petitioner Sushil Kumar Sharma at serial no. 2.

(3.) The Committee of Management, however, did not agree with the recommendation of the selection committee and under resolution dated 16.02.1991 forwarded its recommendation to the Vice Chancellor for offering appointment to the present petitioner. The Vice Chancellor of the university disaggried with the decision of the Committee of Management and passed an order on 20th March, 1991 directing the Committee of Management to appoint Akhil Kumar Mittal against the vacancy.