RAMESHWAR NATH Vs. HARISINGH GOUR VISHWA VIDYALAYA

JUDGEMENT

(1.) THE order in this petition shall also govern the disposal of Misc. Petition No. 3116 of 1986 (Dr. Mehboob Khan vs. Dr. Harisingh gour Vishwa Vidyalaya through its Vice-Chancellor and others), since identical questions are involved in these two petitions and common arguments were advanced. These two petitioners challenge the selection and the appointment of dr. R. S. Kasana as a Professor of Physics in the Dr. Harisingh Gour Vishwa vidyalaya, Sagar (hereinafter referred to as the University), vide Annexure P-4 dated 3-3-1986.

(2.) THE petitioner Dr. Rameshwarnath (in M. P. No. 1075/86) joined the university as a Lecturer in Physics in the year 1965 and was confirmed on that post in the year 1967. Subsequently, he was promoted as a Reader in the department of Physics in the year 1979 and confirmed on the said post in the year 1981. Between the years 1980 to 1984, the petitioner was sent on deputation by the Government of India as a Professor of Physics in the University of Batna, Algeria.

(3.) THE petitioner Dr. Mahboob Khan (in M. P. No. 3116/86) also belongs to the Department of Physics of the University, having joined as temporary assistant Professor on a stopgap arrangement in the year 1967 and subsequently was appointed as such by the Executive Council in the year 1973. His appointment to the post of Assistant Professor was made permanent under the provisions of clause VI of the Statute 31, framed under the Madhya Pradesh vishwa Vidyalaya Adhiniyam, 1973 (hereinafter referred to as the Act of 1973)with effect from 16-3-1975, on which post, he was later on confirmed.