HEM LATA JOSHI Vs. J P KULSHRESHTHA

JUDGEMENT

(1.) The University of Allahabad issued advertisements inviting applications for six posts of Readers in the English Department. 25 persons, including 10 Lecturers in the English Department of the Allahabad University, applied for these posts. Some applicants were from other Universities in this State while some were from Universities outside Uttar Pradesh. A Selection Committee was duly constituted with the Vice-Chancellor as the Chairman, the Dean of the Faculty of Arts and the Head of the English Department as Members and four experts. The applicants were invited to appear at an interview which was to be held by the Selection Committee on March 1, 1973. In these appeals, we are only concerned with the ten Lecturers of the English Department of the Allahabad University who had applied for the posts. Out of these ten Lecturers, 8 appeared at the interview but the remaining two namely, Sri Skand Gupt and Dr. A. K. Bhattacharya, did not appear at the appointed time. Later on, Dr. A. K. Bhattacharya appeared. Ultimately, the Selection Committee submitted to the Executive Council of the University the following names for appointments to the six posts: 1. (a) Hem Lata Joshi (b) H. S. Saxena (c) R. R. Dutt 2. (a) H. S. Saxena (b) R. R. Dutt (c) I. N. Agarwal 3. (a) R. R. Dutt (b) I. N. Agarwal (c) A. K. Bhattacharya 4. (a) I. N. Agarwal (b) A. K. Bhattacharya (c) L. M. Upadhyaya 5. (a) A. K. Bhattacharya (b) L. M. Upadhyaya (c) S. N. Prasad 6. (a) L. M. Upadhyaya (b) S. N. Prasad (c) No Candidate The Executive Council at its meeting held on March 17, 1973 accepted the recommendations of the Selection Committee and appointed Dr. Mrs. Hem Lata Joshi, Sri H. S. Saxena. Dr. R. R. Dutt, Sri I. N. Agarwal, Dr. A. K. Bhattacharaya and Dr. L M. UPadhayaya to the six posts. The four Lecturers of the English Department of the Allahabad University, who were not selected, namely, Dr. J. P. Kulshreshtha, Sri Skand Gupt. Sri O. P. Malviya and Sri Amar Singh, thereupon filed a representation before the Chancellor against the selections and appointments. This representation was rejected by the Chancellor by an order dated November 22, 1973. On January 24, 1974 these four Lecturers filed a writ petition in this Court, challenging the selections and appointments of the other six Lecturers.

(2.) The selections and appointments were challenged before the learned Single Judge on a number of grounds. Two of the grounds found favour with the learned Single Judge. The first ground was that Dr. Mrs. Hem Lata Joshi. Sri H. S.Saxena and Sri I. N. Agarwal were not eligible for the posts of Readers as they did not satisfy the first qualification prescribed by Ordinance 9 (2) of Chap. XI of the Calendar of the University of Allahabad for 1968. Ordinance 9 (2) requires a candidate for the post of Reader to have a First or high second Class Master's Degree. The learned Single Judge was of opinion that high Second Class Master's Degree means that the candidate must have obtained above 54 per cent of marks in his M. A. Examination. Accordingly, he held that Dr. Mrs. Hem Lata Joshi, Sri H. S. Saxena and Sri I. N. Agarwal. who had obtained marks below 54% in the M. A. Examinations, were not qualified for the posts of Readers. The selections and appointments of these three persons were set aside on this ground. Dr. A. K. Bhattacharya, who had obtained more than 54% marks was not covered by the first ground but his selection and appointment were set aside on the second ground that the Selection Committee was biased in his favour. The selections and appointments of the remaining two, namely Dr. R. R. Dutt and Dr. L. M. Upadhyaya, were upheld. In the result, the learned Single Judge partly allowed the writ petition and quashed the selections and appointments of Dr. Mrs. Hem Lata Joshi. Sri H. S. Saxena, Sri I. N. Agarwal and Dr. A. K. Bhattacharya but dismissed it as against Dr. R. R. Dutt and Dr. L. M. Upadhyaya. Against the judgment of the learned Single Judge, Dr. Mrs. Hem Lata Joshi; Sri H. S. Saxena, Sri I. N. Agarwal and Dr. A. K. Bhattacharya have filed Special Appeal No. 26 of 1976. the University has filed Special Appeal No. 66 of 1976 and the writ petitioners have filed Special Appeal No. 37 of 1976. It will be convenient to dispose of all the appeals by a common judgment.

(3.) The first question which arises for consideration in these appeals is whether Dr. Mrs. Hem Lata Joshi, Sri H. S. Saxena and Sri I. N. Agarwal did not fulfil the requirements of Ordinance 9 (2) and were for that reason ineligible for selection as Readers. Ordinance reads thus: