R N AGARWAL Vs. UNIVERSITY OF SAUGAR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for quashing the proceedings dated 9th December 1971 of the Committee of Selection, University of Saugar, as also the appointment of Vivek Dutt Jha, respondent No. 2, as Assistant Professor in the Department of Ancient Indian history, Culture and Archaeology.

(2.) A post of Assistant Professor in the Department of Ancient Indian history, Culture and Archaeology was vacant in the University of Saugar and applications were invited for that post. The petitioner R. N. Agarwal, who was then a Research Assistant in the Department, and the respondent Vivek dutt Jha amongst others applied for that post. The candidates were interviewed on 9th December 1971 by the Committee of Selection constituted under section 47-A of the University of Saugar Act, 1946. Three members, viz. Professor W. D. West, Vice- Chancellor (Chairman), Professor B. S. Upadhyay, member (Expert), Head of the Department of Ancient Indian History, Vikram university, and Professor K. D. Bajpai, Head of the Department of Ancient indian History, Culture and Archaeology, University of Saugar, were present in the meeting of the Committee on 9th December 1971. The Committee recommended the name of respondent Jha for appointment to the post of assistant Professor and on that recommendation the respondent was appointed as Assistant Professor.

(3.) THE petitioner challenges the appointment of the respondent on two grounds. It is first contended that Professor K. D. Bajpai, Head of the Department of Ancient Indian History, Culture and Archaeology, University of saugar, was not competent to sit in the Committee of Selection because of bias. The second contention is that the required quorum was not present in the meeting of the Committee on 9th December 1971.