- (1.) WE have heard Shri Rajeev Misra for the petitioner. Shri R.K. Chaubey appears for the Committee of Management Devi Prasadiya Adarsh Sanskrit Mahavidyalaya, Jagdishpur, Ballia. No one appears for Sampurnanand Sanskrit Vishwavidyalaya, Varanasi (in short, the College).
(2.) IN this writ petition filed in the year 1992, the petitioner has prayed for directions, to quash the order dated 28/30.3.1992 passed by the Chancellor of the University cancelling his appointment as Assistant Teacher (Hindi), in the College. Brief facts giving rise to this writ petition are that there were four substantive vacancies on the post of Assistant Teacher in the College. The Committee of Management advertised the vacancies in daily newspapers on 30.3.1990. The petitioner and three other teachers applied for one of these posts of Assistant Teacher in 'Adhunik Vishai Hindi'. The Selection Committee recommended the name of the petitioner for appointment. It is alleged that the Manager and Principal of the Mahavidyalaya made interpolations in the list recommended by the Selection Committee, and added the name of Shri Subhash Chandra Gupta in the list. Dr. Uma Kant Tripathi, one of the experts in the Selection Committee, informed the Vice Chancellor that the Selection Committee had recommended for the name of the petitioner in its meeting of the Selection Committee dated 15/12/1990, but the Manager and Principal did not agree and did not sign the proceedings. The petitioner's appointment was approved by the Vice Chancellor of the University on 28/8/1991. He also approved the appointment of Shri Krishna Kumar Pandey as Assistant Teacher in 'Navya Vyakaran' by giving him relaxation as he has less than 50% marks in the qualifying examination.
(3.) SHRI Subhash Chandra Gupta filed a writ petition which was dismissed on the ground of alternative remedy to approach the Chancellor under Section 68 of the State Universities Act, 1971. His representation in pursuance to the order of this Court dated 11/10/1991, was decided by the Chancellor. By his order dated 28/30.3.1992 the representation was allowed, giving rise to this writ petition. The petitioner has challenged the order of the Chancellor on the grounds that out of the four candidates for the post of Assistant Teacher in''Adhunik Hindi', three candidates were M.A. in 3rd division. The Selection Committee had the power to relax the qualification. The petitioner was found to be the most suitable candidate by the Selection Committee for appointment and thus the Chancellor has acted arbitrarily in allowing the representation of Shri Subhash Chandra Gupta and in cancelling the petitioner's selection and appointment.;