LAWS(PAT)-2014-8-76

UMESH SHARMA Vs. SADANAND JHA AND ORS.

Decided On August 22, 2014
UMESH SHARMA Appellant
V/S
Sadanand Jha And Ors. Respondents

JUDGEMENT

(1.) The appellant in this appeal is respondent No. 6 in C.W.J.C. No. 5827 of 2010. In the year 2008, an advertisement was issued by the respondent University for appointment to different teaching posts including one post of Professor in the Department of Vyakaran. Both, the appellant as well as writ petitioner, along with others, applied for the post of Professor in the Department of Vyakaran. Between 20.2.2009 and 1.3.2009, interviews were held for appointment to the said post of Professor, wherein the writ petitioner and others participated. The appellant was selected and appointed as Professor in the Department of Vyakaran. Dr. Bodh Kumar Jha and Dr. Ramkrishna Pandey "Parmahans" were placed second and third, in the merit list, respectively; whereas the writ petitioner was at the fourth position. Being aggrieved, the writ petitioner filed writ application, bearing C.W.J.C. No. 5827 of 2010, seeking following reliefs:--

(2.) The writ petitioner challenged the appointment of the appellant on a number of grounds. According to him, the appellant did not possess the requisite qualifications and his appointment was contrary to the terms of the advertisement. The writ petitioner also contended that the constitution of Selection Committee was wrong and that the Vice-Chancellor had nominated expert members of his choice, who had influenced the selection process and that the award of marks by the Selection Committee was also not proper.

(3.) During the pendency of the writ application, the writ petitioner filed three Interlocutory Applications, bearing I.A. Nos. 687 of 2013, 1905 of 2013 and 1906 of 2013.