- (1.) THE petitioner has filed the present writ petition under Article 226 of the Constitution aggrieved by the order of the Vice Chancellor of Sampurna Nand Sanskrit University dated 6.2.2008, whereby the petitioner's appointment has been declared to be illegal.
(2.) FACTS of the judgment appear from pleadings exchanged between the parties. The institution, Sri Mandleshwar Mahadev Pathshala, Gaura, Mehnagar, Azamgarh is a recognized institution. It receives the grant-in-aid from the State Government. The dispute relates to the year 1994. At that point of time, it was affiliated to Sampurna Nand Sanskrit University. It was then governed by the provision of U.P. State University Act, 1973 and the first Statute of the Sampurna Nand Sanskrit University framed thereunder. The Institution imparted education up to the level of Uttar Madhyama ( Intermediate level). The petitioner's case is that the Manager issued an advertisement in Hindi Daily "Dainik Devbrat" dated 29.5.1994 inviting applications from eligible persons for one post of Assistant Teacher in Modern language. The petitioner made an application for the said post in pursuance of the said advertisement. Learned counsel for the petitioner states that the Selection Committee was constituted in terms of Statute 11.16 (2) of the first Statute of the University. The Selection Committee recommended the name of petitioner and his name was placed at serial number one of panel. A copy of Minutes of the Selection Committee has been enclosed by the petitioner as annexure no. 3 to the writ petition. The Management issued him appointment letter on 29.6.1994 and he joined the post in question on 10.7.1994. However, he was not paid his salary and he made several representations to the authorities. A copy of representations have been enclosed along with the writ petition as annexure nos. 6 and 7 to the writ petition. When the petitioner's representations did not yield any result, he filed a writ petition no. 45676 of 2002 before this Court. This Court, vide order dated 26.10.2002, issued a direction to the respondent no. 3 to decide his representation. The respondent no. 3 rejected his representation by his order dated 28.4.2003. A copy whereof has been enclosed as annexure -12 to this writ petition.
(3.) BEING aggrieved by the said order, the petitioner filed another writ petition no. 28777 of 2003. In the said writ petition, this Court on 28.10.2004 directed the Vice Chancellor of Sampurna Nand University to examine as to whether the appointment of the petitioner had been made strictly in consonance of the Statutes of the University. In compliance thereof, the Vice Chancellor passed the impugned order dated 6.2.2008 filed as annexure-6 to the writ petition.;