- (1.) Amendment of cause title is allowed.
(2.) We have heard both the learned counsel at great length. We are not inclined to interfere with the impugned judgment under appeal except to the limited extent indicated below. The High court in the impugned judgment has observed: "The petitioner if not had been illegally deprived of the appointment according to the pay scale shown in advertisement which now admittedly has been revised and raised would have received no less than three lakhs on a rough estimate. We think that it is not legally possible for this court to issue a writ of mandamus for issuing letter of appointment w. e. f. 29/6/1987 and direct payment of back salary which petitioner would have received. However, we consider it just that a damages of Rs. 1 lakh be awarded payable by the Lucknow University and opposite party No. 5 Dr Alavi, 321 recoverable jointly from both or severally for the deprivation of the equal right of opportunity of public employment. "
(3.) We are unable to support the above observations of High court that the petitioner in the High court (respondent herein) had been illegally deprived of the appointment as Lecturer in Arab Culture, Department of Arabic, Lucknow university, Lucknow. May be, the selection is wrong. On that score, it cannot be held that there is an illegal deprivation of respondent's right to be selected. In spite of the qualifications, he might not have been selected, since selection is entirely a matter which rests with the Selection Committee unless of course vitiated by other grounds.;