K.C.Agarwal, J. - (1.) Narendra Kumar Agnihotri, the petitioner, was appointed as Head of the Degree Department in Geography in M.M.H. College, Ghaziabad in the year 1967, which was affiliated at the time with Meerut University under Kanpur-Meerut Universities Act, 1956. In August, 1976, the grades of the teachers employed in the Degree Colleges were revised with effect from 1st April, 1966. As a result of the revision of the pay scales, the post of Head of the Degree Department was abolished. As a consequence of the revision of the grades, the then existing Heads of the Degree Departments were given option either to continue in the old grade of Rs. 400-700 or to opt new revised grade of Rs. 400-800. As per rules laid down by the State Government, the posts in the said grade were designated as the Lecturers (Senior Scales). The petitioner also opted for the grade of Senior Lecturers, F since the said grade was higher than the one which he was previously getting and thereby his designation became the Lecturers (Senior Scales). As the senior most Lecturer in the Geography Department of the College, the petitioner was also required to look after the administrative work. The M.M.H, College was a Post-Graduate College only in those subjects for which the University had approved for the Post-Graduate teaching. That College was not recognized for imparting education in Geography for the Post-Graduate Degrees and, as such, the said College was not a Post-Graduate College, as far as the Department of Geography was concerned, at that time.
(2.) The University, however, granted recognition to the M.M.H. College, Ghaziabad for Post-Graduate teachings in Geography vide its letter no.AF-7(ii)/4295, dated 27-1-1973. This recognition was, however, granted subject to fulfilment of certain conditions laid down by the University in its order granting its recognition. By the letter dated February 12, 1973, the College Authorities communicated their acceptance of the conditions prescribed by the University. On receipt of acceptance of the College Authorities, the Chancellor of the University accorded approval on 18 4-74. This was followed by permission from the University to the College to start Post-Graduate classes from July, 1974 in Geography subject on April 20 and May 10, 1974. The College Authorities issued two advertisements for appointment of a Reader for the Post-Graduate classes. The petitioner applied for the said post. It may be noted here that the creation of the post of a Reader was a condition precedent for enabling the College to start the Post-Graduate class as per provisions contained in the Act and the Statute. The petitioner was informed by the College Management for interview which was to be held on 30th June, 1974. He, thereafter, received another letter dated 20th June, 1974, informing him that since he did not possess Ph. D. Degree in Geography he was not qualified or eligible to be appointed as a Reader and that he was not required to appear before the Selection Committee. Consequently, the petitioner did not appear before the Selection Committee. The interview, thereafter, took place on 30th June, 1974. The Selection Committee for the appointment of Reader in Geography was constituted of six persons. The Committee anonymously recommended the names of three persons. Dr. B. B. Singh, respondent no. 4, was kept at serial no. 1. A letter dated 2nd July, 1974 was, thereafter, issued to Dr. B.B. Singh informing him that he had been selected for the post of Reader in the Post-Graduate Geography Department subject to the approval of the Vice-Chancellor and that he could join his duties on August 1, 1974.
(3.) Being aggrieved, the petitioner filed the present writ petition. The case of the petitioner taken in the writ petition is that he was qualified for being appointed as Reader in the Post-Graduate Degree and that he had been wrongfully not permitted to appear before the Selection Committee.;