- (1.) Banaras Hindu University (for short, the University) issued an advertisement on 25.03.1995, iner alia, for filling up a vacant post of lecturer in Tridosa Vigyan in the Department of Basic Principles. Relevant clauses of the said advertisement are as under : "Those who have applied earlier are required to apply again on the prescribed format for the post, otherwise their candidature will not be considered. They will, however, be exempted from any payment against the application. Their cases will be considered according to the up-dated qualification." Essential qualifications prescribed for the said post are : "70. Lecturer in Tridosa Vigyan (One) [Department of Basic Principles] Qualifications : Essential 1. ABMS or equivalent examination from any recognized institution. 2. M.D. in Sharir-Kriya Desirable 1. Standard publication in the filed of Neurophysiology, Neurochemistry, related to Tridosa Vigyan. 2. Knowledge of Modern Medical Science and Sanskrit.
(2.) Appellant applied for the said post on 30.05.1995. As on that day, he had not completed his M.D. in Sharir Kriya, with his application he enclosed a certificate issued by Professor and Head of the Department of Basic Principles, Institute of Medical Sciences, Banaras Hindu University, which reads as under : "This is to certify that Dr. Ashok Kumar Sonkar son of Dr. K.P. Sonkar, is a bona fide student of the Department of Basic Principles. He was admitted for the Degree of M.D. (Ay.) Basic Principles (Sharir-Kriya) on 1.08.1992 and his final examination will be held in October, 1995. His thesis entitled "Clinical evaluation of therapeutic potential of certain indigenous drugs in seizure disorders" will be submitted in the month of June, 1995. He is sincere, hard working young man, zealous and outwitted scholar and sound character of this department. He is fit to be entrusted for clinical, research, teaching and administrative responsibilities. I wish him all success in future life."
(3.) He passed the said examination only on 30.10.1995. He was allowed to appear before the Selection Committee, despite the fact that he did not hold the requisite qualification till the date of filing of such application. He, however, was selected and offered an appointment. He joined the said post.;