Sudhir Narain, J. - (1.) The petitioner seeks writ of certiorari quashing the order dated 9.8.2000 passed by the Vice-Chancellor appointing Dr. Sunil Jain, respondent No. 4, as Professor in Zoology Department of Dr. Bheem Rao Ambedkar University. Agra (hereinafter referred to as the University) and further a writ of mandamus restraining the respondents from interfering with his functioning as Head of the Zoology Department.
(2.) The claim of the petitioner is based on the fact that he was appointed as Reader in the University on 21.9.1987. He was confirmed on the said post on 29.10.1988. One Dr. S. P. Jain challenged the selection of the petitioner by making representation to the Chancellor. His representation was allowed by the Chancellor on 28.11.1988 holding that the selection of the petitioner was not in accordance with law. The petitioner filed Writ Petition No. 23263 of 1988 challenging the said order. This Court granted interim stay order against the order of the Chancellor and he continued to function as Reader in Zoology Department, The petitioner was appointed as Head of the Zoology Department with effect from 30.6.1994 on the ground that he was the seniormost teacher in the Department.
(3.) The post of Professor was vacant in the Zoology Department of the University. The petitioner made a representation to the University that he may be considered for promotion to the post of Professor under the Personal Promotion Scheme. As the matter remained pending with the University, the petitioner filed Writ Petition No. 5005 of 2000. Prabhu Narain Saxena v. Vice-chancellor and others, seeking writ of mandamus directing the respondents to consider his claim for promotion as Professor under the Personal Promotion Scheme. The writ petition was disposed of by this Court on 31.1.2000 with the direction that the executive council to take appropriate action in the matter for considering the case of the petitioner for promotion as Professor preferably within six weeks from the date of production of certified copy of the order passed by the Court. The executive council, in its meeting held on 16.5.2000, passed a resolution that as the matter pertaining to his appointment as Reader is subjudice in this Court in Writ Petition No. 23263 of 1988. he could not be considered for promotion to the post of Professor, The petitioner again approached this Court against the said resolution by filing Writ Petition No. 14514 of 2000 which is still pending. In the meanwhile Writ Petition No. 23263 of 1988. filed by the petitioner, was allowed on 27.7.2000 and the order of the Chancellor dated 28.1 1.1988 was quashed on the finding that the selection of the petitioner as Reader in the University was in accordance with law. The executive council, after the decision of the writ petition on 27.7.2000, was to consider the claim of the petitioner for promotion under the Personal Promotion Scheme but in the meantime the Vice-Chancellor of the University, respondent No.1, passed an order on August 9, 2000. appointing respondent No. 4 for the post of Professor in the Zoology Department of the University on a contract basis for the period of one year or till the regular appointment is made, whichever is earlier. This order has been challenged by the petitioner in the present writ petition.;