K.K. AZAD Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) THE city of Allahabad, though famous for its religious heritage, has a proud possession in the Institution known as Allahabad University. Formerly, reverentially referred to as the "Oxford of the east", the alumni of which University are adorning highest seats in political, social and cultural fields, the present day professors of this University have also earned international reputation, some of whom are well -known to the citizens not only of Allahabad but the State, if not the country. Two such reputed teachers of the University are arrayed unfortunately in this petition, being the Petitioner Dr. K.K. Azad and the opposite party No. 3 Dr. B.L. Sharma. Both of them have established their own reputation and hail from the Mathematics Department of this University which had seen the like of Dr. Gorakh Prasad, Professor R.N. Chaudhari and Dr. B.N. Prasad etc.

(2.) THIS litigation revolves round the question whether the Petitioner who has been called for an interview fixed for 18th of May, 1995 before the Selection Committee, Is entitled to challenge the said meeting on the ground that the inclusion of Dr. B.L. Sharma in the Selection Committee is illegal and further that requirement of 15 days' notice said to be required under Statute No. 11.11 framed under the State Universities Act, has not been complied with.

(3.) BEFORE coming to the facts of this case, a short history of an earlier litigation should be produced here. Two posts for Professorship fell vacant in the Mathematics Department of the University. The Selection Committee recommended the name of Sri B.L. Sharma (in absentia) at serial No. 1 and the name of the Petitioner Dr. K.K. Azad at serial No. 2 and the name of Dr. R.S. Sengar at serial No. 3 in order of merit for the post No. 1. For the other post the Petitioner Dr. K.K. Azad was placed at serial No. 1 ; Dr. R.S. Sengar at serial No. 2 and Dr. R.S.D. Dubey at serial No. 3. When this matter went to the Executive Council, the serial was changed by which Dr. R.S. Sengar was put at serial No. 2 position and the Petitioner Dr. K.K. Azad was shifted to serial No. 3 position. This compelled Dr. Azad to file a representation before the Chancellor Under Section 68 of the State Universities Act, (for short 'the Act'). The Chancellor dismissed the same on the ground that in the meantime the University has made a reference Under Section 31(8) of the Act. The Chancellor, therefore, trained from deciding the sajd representation. The Petitioner then preferred the Civil Miscellaneous Writ Petition No. 39516 of 1993 in which an interim order was passed on 10th of May, 1995, a copy of which has been filed as Annexure T to this writ petition. The last two paragraphs of the said interim order, may be useful, are quoted here :