AMNA KHATOON Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) Heard S/Sri Alibin Saif and Zeeshan Khan, learned advocates for petitioners, Sri Tirath Raj Shukla, learned advocate holding brief of Sri Shashank Shekhar Singh, learned counsel for respondent-Aligarh Muslim University (for short "A.M.U.").

(2.) Petitioners (Amma Khatoon, Dr. Mohd. Azfar Shaida and Dr. Syed Md. Humayun Akhter) have approached this Court in the year 2021 with a prayer that they may be allowed to participate in a selection process initiated in pursuance of an Advertisement No. 4/2019(T) dtd. 3/7/2019 as well as in Advertisement No. 2/2020(T) dtd. 11/6/2020 issued by A.M.U. contending that they are also qualified for post of Lecturer (Chemistry) having a qualification of M.Sc. in 'Industrial Chemistry' which could be an "allied subject" i.e. an essential qualification for that post.

(3.) It is not disputed that earlier a similar controversy arose in regard to an earlier recruitment process conducted by respondent A.M.U. and matter reached upto Supreme Court in a case of Mohd. Sohrab Khan vs. Aligarh Muslim University and others, (2009) 4 SCC 555 wherein it was finally held that Master Degree holder in Industrial Chemistry would not be better suited for post of Lecturer (Chemistry) without there being any specific declaration in the advertisement to this effect. In that regard, it was further observed that post advertised was meant to be filled up by a person belonging to pure Chemistry stream, without any specific clause that a person holding M.Sc. Industrial Chemistry would also be eligible or could be suited more. Relevant part of judgment is quoted below :