ARUN KUMAR SHUKLA Vs. CHANCELLOR ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) BY the Court :-Arun Kumar Shukla, Kumud Nath Sharma and Kailash Rai, the three petitioners, were appointed as Lecturers in the Faculty of Law in the University of Allahabad, in March, 1974. Kumud Nath Sharma, petitioner No. 2, was on completion of probationary period, confirmed in service with effect from 16th March, 1975. On a representation made by an unsuccessful candidate, G. S. Tewari, the Chancellor, exercising his powers under section 68 of the U. P. State Universities Act, 1973, set aside the petitioners' appointment by his order dated January 3, 1976, on the ground that vacancies against which the petitioners had been appointed, had not been advertised in at least three issues of two newspapers as enjoined by section 31 (10) of the U. P. State Universities Act, 1973. Aggrieved, the petitioners have approached this Court by means of this petition under Article 226 of the Constitution for issue of a writ of certiorari quashing the order of the Chancellor.

(2.) SECTION 31 of the State Universities Act provides procedure for inviting applications, constitution of Selection Committee, and selection and appointment of teachers on the recommendation of the Selection Committee. Sub-section (10) of SECTION 31 is in the following terms ;-

(3.) IN the instant case, the advertisement was published not only in two newspapers but in seven different newspapers of repute having circulation not only in the State of Uttar Pradesh but in other States also. The advertisement was published into issues of seven newspapers or national dailies of INdia. The purpose and object underlying section 31 (10) to afford opportunity to suitable candidates for making applications for the post was adequately achieved inasmuch as the advertisement was widely published in the entire country and 45 persons belonging to different parts of the country applied for the posts in question. The Selection Committee had opportunity to select suitable persons out of these candidates. That purpose was adequately achieved on the facts of this case.