J N SRIVASTAVA Vs. LUCKNOW UNIVERSITY

JUDGEMENT

(1.) In this writ petition the appointment of opposite party No. 4 to the post of the Joint Director, Population Research Centre in the Department of Economics, Lucknow University has been challenged. We have heard Sri L. P. Shukla learned counsel for the petitioner at some length.

(2.) Three points have been urged in support of the petition, which we will deal with seriatim.

(3.) The first is that the recommendation of the Selection Committee choosing opposite party No. 4 as ranking above the petitioner in order of preference was contradictory to the unanimous recommendation recorded immediately thereafter to the effect that both should be appointed simultaneously. Actually only one post had been advertised and the said resolution, which was recorded after the order of preference was indicated, was not strictly within the jurisdiction of the Selection Committee and may at best be considered only as a suggestion or recommendation. Moreover, even where two appointments are made 'simultaneously' to two posts one appointee would rank above the other according to the order indicated by the selecting body, unless both are bracketed together. So there is no contradiction at all. However, as the Selection Committee, the head of the department and the Executive Council of the University all felt that the petitioner also deserved to be promoted the matter was taken up with the Government of India for creation of one more post, and may still be pursued with the Government of India so that the petitioner who was accepted to be a meritorious officer could also be appointed. But it does not follow that until such time as the petitioner can be appointed on a post still to be created, the opposite party No. 4 who has been recommended by the Selection Committee as ranking first in order of preference should not be appointed against the already existing post.