DEVI PRASAD SINGH, J. - (1.) PRESENT writ petition under Article 226 of the Constitution of India, has been preferred against the impugned order dated 2.8.2008, passed by the Registrar Chhatrapati Shahuji Maharaj Medical University, U.P. Lucknow, contained in Annexure No.1 and the order dated 20.11.2006, passed by the Chancellor U. P. King Gorge Dental Science University, Lucknow contained in Annexure No.2 to the writ petition, allowing the application of the respondent No.4 for promotion to the post of Assistant Professor (Orthodontics).
(2.) BRIEF matrix relating to the present controversy is discussed hereinafter. The petitioner was selected and appointed on the post of Assistant Professor (Orthodontics) in King George Medical College, in accordance with Rules in pursuance of the advertisement issued for the purpose on 31.5.2002. He joined on 3.6.2002 on the post of Assistant Professor (Orthodontics).
(3.) ANOTHER post of Assistant Professor/Lecturer (Orthodontics) was advertised by the respondent University on 7.1.2004. In pursuance of the said advertisement, the respondent No.4 applied. He was selected for the post of Assistant Professor by the Selection Committee on 23.12.2004 and in consequence thereof, he joined on the post of Assistant Professor (Orthodontics) on 14.1.2005. It shall be relevant to take note of the fact that admittedly, the opposite party No.4 earlier to his appointmentn in Chhatrapati Shahuji Maharaj Medical University U.P., Lucknow (in short the University), was an Associate Professor in Dentistry, B.R.D. Medical College, Gorakhpur. In B.R.D. Medical College, Gorakhpur, there is no separate wing of Dental Science. However, the respondent No.4 was working as Associate Professor for Dentistry with effect from 20.11.2002.;