K G SRIVASTAVA Vs. CHANCELLOR ALLAHABAD UNIVERSITY ALLAHABAD

JUDGEMENT

(1.) This writ petition is being disposed of at the stage of admission with the consent of learned counsel for the parties.

(2.) Purely legal question involves the disposal of this writ petition. Is respondent No. 4 Dr. Rajnath, Professor in the English Department, University of Allahabad, who is admittedly senior most Professor in the Department of English is not entitled for consideration for appointment by the respondent No. 1. He happened to resign/declined the post of Head of Department of English in the year, 1988-89. Is this resigning/declining for some reasons would amount to waiver of his rights for consideration of appointment for all time to come. Would not it be violation of Article 14 read with Article 16 of the Constitution of India if in 1996 when the post of Head of Department fell vacant on the retirement of Dr. M. C. Joshi and Dr. Rajnath was appointed as Head of Department? The answer is obviously no.

(3.) The next point which has been raised by Dr. R. G. Padia, learned counsel for the respondent No. 4 is that this writ petition is barred by principles of res judicata as earlier one writ petition being Writ Petition No. 502 of 1997 was filed by the petitioner and the same was withdrawn vide order dated 7.1.1997 (Annexure-10).