ISRAR KHAN Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) Heard Shri Syed Ali Murtaza, learned Counsel for the petitioner, Shri V.K. Upadhyay appearing on behalf of respondent No. 3, and Shri Terath Raj holding brief of Shri S.S. Singh for the respondent nos. 1 and 2. The petitioner has been appointed as a Scientific Officer in the Department of Physics, Aligarh Muslim University, with effect from 3.2.1997. It is claimed that he is M.Sc. in Physics and also having Ph.D. degree in Physics and is fully qualified for the post of Lecturer in the University. It is contended that in a meeting held on 31.5.1978, the faculty of science has recommended to the Academic Council of the University for the creation of one post of Reader and one post of Lecturer in the Aligarh University in the Department of Physics of University in place of existing posts Senior Scientific Officer and Scientific Officer respectively. The said recommendation was considered and approved by the Academic Council of the University on 12.3.1979. The Executive Council of the University considered and approved the said recommendation of the Faculty of Science.

(2.) The matter has been referred to the U.G.C., for final decision. The U.G.C. vide order/letter dated 11.3.2008 addressed to Registrar University, Aligarh, has rejected the recommendation of the University for the conversion of the post of Scientific Officer into Lecturer. It has further been observed that the candidate may apply for the post through advertisement as per the procedure adopted by the University. The said letter of refusal dated 11.3.2008 is annexed as Annexure 3 in the present writ petition.

(3.) Learned Counsel for the petitioner submitted that the petitioner is teaching the students and, therefore, falls within the purview of 'teacher' as defined under section 2-K of the Aligarh Muslim University Act and as that he possesses the qualification of a lecturer and, therefore, is entitled to be designated as a lecturer. He submitted that the U.G.C. has the power to re-designate the post and exercising the said power, in case the Department of Botany the post of Senior Nematologist has been re-designated as the post of 'Reader'. He further submitted that in number of other cases in different Universities such conversion was made by the U.G.C. through such re-designations. A number of cases have been mentioned in the rejoinder affidavit.