MOHAMAD LATEEF AHMED S/O TAJ MOHAMMAD Vs. REGISTRAR, BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY, AURANGABAD

JUDGEMENT

(1.) This petition is directed to issue writ of mandamus, to quash and set aside the appointment of respondent No.2 on the post of Professor of Urdu, Department of Urdu, made by respondent No.1 Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. Consequential relief is sought for direction to call fresh interview by following proper procedure for the post of Professor of Urdu.

(2.) Contention of the petitioner in brief is that, on 7/7/2004, the respondent No.1 had given the advertisement for recruitment of the post of Professor of Urdu in the Department of Urdu. Petitioner being qualified for that post, had applied for the said post on 10/8/2004, through proper channel i.e. Director, Higher Education, Maharashtra State, Pune, the then employer of the petitioner, with requisite recommendation of the employer.

(3.) It was the case of the petitioner that he had specialization in "Critical Theory/ Classical and Modern Criticism/ Classical and Modern Poetry", however, at the time of interview, the experts who were the members of Selection Committee, intentionally asked questions to the petitioner on "Fiction and Non-Fiction" so that petitioner would become unsuccessful candidate. In the result, the respondent No.2 was appointed as Professor of Urdu in the Department of Urdu by respondent No.1 though the petitioner was more qualified and experienced person than the respondent No.2. Grievance of the petitioner is that, as per rules, the Selection Committee shall comprise (1) Vice Chancellor, (2) Dean, Faculty of Arts, (3) nominee of Joint Director of Higher Education, (4) Head of the Department of Urdu and three experts in the field of Urdu. The general policy of the University was to appoint experts from nearby University.