HARINDER KAUR PAINTAL Vs. CHANCELLOR LUCKNOW UNIVERSITY

JUDGEMENT

(1.) BY means of this writ petition, the petitioner who is Lecturer in Psychology in the Lucknow University has prayed for issue of a writ in the nature of quo warranto requiring the opposite party no. 4 to show the authority by which she claims to have been appointed as a Reader in Psychology in the University of Lucknow and has also prayed for issue of a writ in the nature of mandamus directing the authorities of the Lucknow University to appoint a Reader in Psychology in the University in accordance with the provisions of the Act and the First Statute of the Lucknow University. The petitioner has also prayed for issue of a writ of certiorari for quashing the order dated 16-8-1978 passed by the Chancellor of the Lucknow University.

(2.) IN response to an advertisement for the post of Reader in Psychology in the Lucknow University, the petitioner and few others applied for the said post on the prescribed form. IN her application the petitioner mentioned her qualifications that she stood first in M. A. Examination in Psychology and she also stood first amongst the M.B.B.S. 1st Professional and B. Sc. taken together in B. Sc. (Physiology). It was also mentioned in the precis of the application that the petitioner had undertaken 24 months course for a diploma in Medical and Social Psychology from Mysore in the year 1963 securing 69% marks. It was further mentioned that the petitioner had secured a certificate in research Methodology by undergoing a nine months course. IN the precis which was placed before the Selection Committee the fact that she had undertaken 24 months course for diploma in Medical and Social Psychology from Mysore in the year 1963 and that she secured certificate in research Methodology under undertaking nine months course was omitted and there is no denial of this fact by the University. The private parties have chosen not to file any counter affidavit and controvert any of the averments of fact made by the petitioner. The petitioner, who is Ph.D. also mentioned that she had four articles work published and one paper was ready but the same was not mentioned in her precis which was prepared by the Registrar of Lucknow University. The petitioner published 14 papers and 5 articles and participated in various seminars and conference and guided research.

(3.) APPOINTMENTS of teachers in the University of Lucknow is made in accordance with the provisions of Section 31 of the U. P. Universities (Reenactment and Amendment) Act. Section 31 of the Act provides as under :-