MADAN MOHAN MALVLYA ENGINEERING COLLEGE SOCIETY Vs. K N SRIVASTAVA
LAWS(SC)-1990-3-48
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 06,1990

MADAN MOHAN MALVLYA ENGINEERING COLLEGE SOCIETY Appellant
VERSUS
K.N.SRIVASTAVA Respondents

JUDGEMENT

- (1.)This appeal arises from the judgment of the Allahabad High court in Civil Miscellaneous writ Petition No. 8225 of 1980 declaring that the writ petitioner (respondent herein) was appointed on a permanent basis as Assistant professor in the appellants' college and that he was entitled to hold that post.
(2.)The respondent was appointed to a temporary post against a leave vacancy for a period expiring on 15/10/1972. This appointment was made as no person was found suitable for appointment to the permanent post of Assistant Professor which had been duly advertised and for which a selection was held. The respondent was one of the candidates who appeared for the selection. Before the selection was held, it was notified to all the candidates that in addition to the two permanent posts advertised, there was a temporary post against a leave vacancy.
(3.)The Selection Committee found that no candidate was suitable for appointment to a permanent post of Assistant Professor. The respondent was, however, offered a temporary post by order dated 20/9/1971 in the leave vacancy. This post was accepted by him without protest. He willingly joined duty on 21/9/1971.
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