LAWS(APH)-2009-12-64

A GOPAL MENON Vs. UNIVERSITY OF HYDRABAD

Decided On December 30, 2009
A.GOPAL MENON Appellant
V/S
UNIVERSITY OF HYDERABAD Respondents

JUDGEMENT

(1.) This writ petition was filed on 20th November 2002, initially, by seeking directions by way of Mandamus, directing respondents 1 and 2 to treat the candidature of the petitioner equally on par with the candidates, by allowing him to face the Selection Committee for the purpose of selections to the posts of Reader and Lecturer in the University of Hyderabad.

(2.) During the pendency of the writ petition, in view of the selections and appointment orders issued in favour of respondents 3 to 5, the petitioner sought permission for amendment of the prayer by filing WPMP.No.3673 of 2003, which is allowed on 27th of August 2003. In terms of the amended prayer, the petitioner seeks a declaration by way of Mandamus, declaring the selection of respondents 3,4 and 5 to the posts of Reader and Lecturers pursuant to the Notification No.RECTT/P-I/2/99, dated 08.11.1999 in the 1st respondent University, as illegal and arbitrary.

(3.) The University of Hyderabad is a Central University, established in 1974, by an Act of Parliament. It has issued Notification No.RECTT/P-I/2/99, dated 08.11.1999, inviting applications in prescribed format, to fill up various faculty posts. In the said notification, respondents have notified the vacancies of 11 posts of Professors, 26 posts of Readers and 56 posts of Lecturers. In this petition, the dispute relates to the appointments made to the posts of Reader and Lecturer in the department of History. In the aforesaid notification, at Serial No.39, respondents have notified two posts of Readers i.e. one post in Ancient Indian History and the 2nd post in any area of historical research, and two posts of Lecturers i.e. first post in Medieval Indian History (Desirable with research interest in Medieval Deccan) and the 2nd post in any area of Historical Research. The 1st respondent-University also issued written instructions to candidates and instruction No.12 reads as follows: