VISHANU KUMAR AGARWAL Vs. CHANCELLOR GOVERNORMEERUT UNIVERSITY

JUDGEMENT

(1.) Maharaj Singh College, Saharanpur is affiliated to the Meerut University. The principal of the College issued an advertisement which was published in the 'Hindustan Times' on 27th May, 1975 inviting applications for the posts of lecturers in Economics and Sociology in the Degree Section of the College. We are concerned here with the post of lecturer in Economics. In response to this advertisement the petitioner made an application for the post. Several other candidates also applied. The minimum qualifications prescribed for the post by the Ordinance of Meerut University which was then in force was as follows :

(2.) The Vice-Chancellor by an order dated 11th September, 1975 refused to accord approval to the petitioner's appointment on the sole ground that the petitioner did not possess the requisite minimum academic qualification prescribed under the First Statutes framed under the U. P. State Universities Act by the Meerut University. These Statutes came into force on 1st August, 1975, that is, after the selections. The petitioner made a representation to the Vice-Chancellor stating that the academic qualifications of the petitioner had to be considered with reference to those prescribed under the Ordinance of the Meerut University which was in force at the time of selections and not in accordance with the First Statutes of the Meerut University. This representation having failed to evoke any response from the Vice-Chancellor, the petitioner approached this Court by way of a writ petition which was dismissed by this Court on 18-1-1977 on the ground of alternative remedy, namely, a reference to the Chancellor under Section 68 of the U. P. State Universities Act. The petitioner then filed a reference before the Chancellor under Section 68 of the Act, which has been rejected by the Chancellor by an order dated 20th April, 1977 which is subject of challenge in this petition.

(3.) Learned counsel for the petitioner contends that both the Vice-Chancellor as well as the Chancellor have committed a patent error of law in taking the view that the academic qualifications of the petitioner for the purpose of the approval of his appointment had to be considered with reference to the First Statutes of Meerut University which had come into force from 1st August, 75. The view taken by the Chancellor and the Vice-Chancellor is that by the time the matter came up before the Vice-Chancellor for his satisfaction under Section 31(11) of the aforesaid Act, the First Statutes of the Meerut University had come into force and consequently the academic qualifications as prescribed under these Statutes alone had to be looked into.