SURESH CHANDRA GUPTA Vs. VICE

JUDGEMENT

(1.) The petitioner was appointed as Library Peon in the Institute or Opthalmology in Aligarh Muslim University. Later on, the post was abolished and its place, a new post of Library Attendant was created and the petitioner was given charge of the aforesaid post. From 23-10 1979, the petitioner was allowed to work temporarily on the post of Semi-Professional by means of various orders passed by the Vice-Chancellor of the University which arc contained in Annexures-4, 5, 6 and 7 to the writ petition- The University held a selection for making a regular appointment for the post of Semi-professional and opposite party No. 3 Abdul Mahamid Hassan was put on the panel by the selection committee for being appointed on the vacant post of Semi-Professional. On 21-2-1984, the Vice-Chancellor ordered that in view of the recommendations of the general selection committee Mr. Abdul Msharaid Hassan was being appointed as Semi-Professional. As far as the petitioner is concerned, his temporary appointment was sanctioned against the post vacated by Shri R.A. Qmeshs or till Mr. Abdul Mahsmid Hassan joins his duties. It is the aforesaid selection made by the University appointing respondent No. 3 Sri Abdul Mahamid Hassan as Semi-Professional which has been challenged in the present writ petition.

(2.) Learned counsel for the petitioner has urged that the selection of Sri Abdul Mahamid Hassan has been made without issuing any advertisement and inviting applications for being selected to the aforesaid post. On the aforesaid grounds, it has been stated the the petitioner could not make an application for being selected on the and post nod as such the action of the University is violative of Art. 15 of the Constitution of India and the University Act.

(3.) In this counter-affidavit end the supplementary counter-affidavit filed on behalf of the University, it has been alleged that University made an advertisement for inviting applications to the aforesaid post. It has also been stated that in any view of the matter, the petitioner has no locus standi to file the present writ petition Inasmuch as he does not possess with the selection is not called for minimum qualifications for being appointed on the post of Semi-Professional.