MOHD SUHAIL Vs. CHANCELLOR UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitutlon, the prayer is that by issuing a writ of certiorari the order dated 29th July, 1991, passed by the Chancellor, respondent, and communicated to the petitioner on 16th October, 1993 (Aunexure-5 to the writ petition) be quashed. There is a further prayer for issuance of at writ of mandamus directing the respondents to consider the candidature of the petitioner treating the Selection Committee to have been properly constituted.

(2.) THERE is a personal promotion scheme and the petitioner having completed 10 years service as Reader was entitled to be selected as Professor. For that purpose Selection Committee was constituted under Section 31 (4) of the State Universities Act, 1973 (the Act for short). There were two Experts nominated and the result of the Selection Committee, which met on 8th February, 1990, to select a proper candidate for the purpose, was in favour of the petitioner. The result was, however, submitted in a sealed cover, which was furnished before the Executive Council on 5th August, 1990. The Executive Council, however, did not agree with the recommendations of the Selection Committee and consequently made a reference under the provisions of Section 31 (8) (a) of the Act to the Chancellor, who has decided the matter against the petitioner holding that the Selection Committee was not properly constituted as required under Section 31 (5) (a) and (d) of the Act.

(3.) HAVING scrutinised the submissions of the learned counsel for the parties, in our opinion the provision of Section 66 of the Act were not kept In mind by the Chancellor while disposing of the Reference made by the Executive Council. The provisions of Section 66 of the Act are extracted :-