PROF M WAJID KHAN Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) Viewed from any angle the only question in these two writ petitions is whether inter se seniority of Professor or Reader in the Aligarh Muslim University (A.M.U.) appointed, directly in the cadre or promoted under the merit promotion scheme personal promotion scheme (A.P.S., P.P.S.) has to be determined on the principles laid down by the Hon'ble Supreme Court in Dr. Bal Krishna Agarwal, (1995) 1 SCC page 614, or Dr. Rashmi Srivastava, (1995) 3 SCC page 653, or Dr. Suman Agarwal, (1996) 1 SCC page 632 or, can it claim to remain out of the purview of any of these three decisions.

(2.) Professor M. Wajid Khan prays that seniority list dated 18-1-1996 relating to Botany Department In Aligarh University be quashed in so far as it determines the inter se seniority of cadre Professors and M.P.S. Professors on uniform basis and the A.M.U. be commanded to re-determine the inter se seniority in accordance with law and further opposite party No. 5 Prof. Wazahat Husain be removed from the Office of the Chairman of Department of Botany and the petitioner be directed to be appointed as such. When the writ petition was filed on 13-5-1996 a Division Bench called for affidavits in reply from all the opposite-parties and in the meantime directed that if any appointment of a teacher promoted under M. P. S. is made to the post of Chairman and/or the Dean, the same shall be subject to the final orders in this writ petition.

(3.) Similarly petitioner Shreen Moosvi sought the relief that the names of all M. P. S. Professors (including respondent Nos. 4 to 6) be expunged from the seniority list of professors in accordance with the decision in Dr. Rashmi Srivastava (Supra) and further that a fresh seniority list should be prepared in term3 thereof and the posts of Chairman/Dean of the Department in the A. M. U. be filled afresh following the dictum of Hon'ble Supreme Court. In this case also by an interim order dated 21-5-1996 a Division Bench directed that any appointment or promotion of a Teacher or Professor under M, P. S. and also to the post of Chairman/Dean of any Department in A. M. U. shall be subject to the final orders in this writ petition.