UNIVERSITY OF ALLAHABAD Vs. RAGHVENDRA MISHRA

JUDGEMENT

(1.) Heard Shri Amit Saxena, learned Senior Counsel assisted by Shri Kunal Shah, learned counsel for the appellants-respondents and Shri G.K. Singh, learned Senior Counsel assisted by Shri Sankalp Narain and Sri Srivats Narain, learned counsel for the respondent-petitioner.

(2.) Present Special Appeal has arisen from a judgment and order of the learned Single Judge dtd. 23/5/2024 passed in Writ A No.17284 of 2023 (Dr. Raghvendra Mishra vs. Union of India and 3 others) by which the writ petition filed by the petitioner has been allowed.

(3.) The respondent-petitioner belongs to the category of 'Economically Weaker Sec. ' and he has 50% permanent visual impairment. He is an academic scholar having Bachelor's and Master's degrees and completed M.Phil. and Ph.D. from Jawahar Lal Nehru University, New Delhi. In pursuance of the advertisement No.UoA/Asst. Prof/01/2021 dtd. 28/9/2021 published by the University of Allahabad 'University", he applied for post of 'Assistant Professor' in the Department of Sanskrit, Pali, Prakrit and Oriental Languages of the University on 16/10/2021. At the time of filling up the application form in column under the head of 'Disclosure' containing the query 'Do you have any criminal case pending against you in a Court of Law?", the petitioner-respondent had mentioned 'Yes' and under column of details, he had mentioned 'FOR STUDENTS POLITICAL ISSUES". Thereafter, the petitioner appeared in different stages of selection and on the basis of the recommendation of the Selection Committee dtd. 18/5/2022 and approval by the Executive Committee in its meeting dtd. 21/5/2022, he was selected on the post of Assistant Professor (PWBD-A (EWS) in the Department of Sanskrit, Pali, Prakrit and Oriental Languages of the University.