OM PRAKASH SRIVASTAVA Vs. THE VICE-CHANCELLOR, ALLAHABAD UNIVERSITY
LAWS(ALL)-1991-8-85
HIGH COURT OF ALLAHABAD
Decided on August 28,1991

OM PRAKASH SRIVASTAVA Appellant
VERSUS
The Vice -Chancellor, Allahabad University Respondents

JUDGEMENT

Srinarain Sahai, J. - (1.) NO counter -affidavit has been filed in spite of time having been granted and a stop order having been passed in that behalf. The petitioner who is a Lecturer in the Ancient History Department of Allahabad University claims his personal promotion in accordance with the provision of Section 31A of the U.P. State Universities Act, 1973. He has stated that although. The Readers grade has been granted to him yet no selection Committee has been constituted: under the provisions of Section 31A till this date Annexure 7 to the writ petition shows that the matter was last considered by the Executive Council of the University on 24th June, 1990 and it was decided that appropriate action will be taken for constituting the Selection Committee and assurance was also given by the Vice -Chancellor to take immediate action, but nothing has been done so far. The matter is covered by a decision of this Court in Writ Petition No. 15021 of 1987 decided on 12th February, 1988. The facts of the case appear to be similar. According to the petitioner no meeting of the Selection Committee has taken place after 22 -7 -1986 as stated in paragraph 10 of the writ petition. Under the circumstances we allow the writ petition and issue a writ of mandamus commanding the resolution of the Executive Council dated 29th July, 1990 and constitute a Selection Committee, if not already constituted, within one month from the dale on which a copy of this order is produced by the petitioner before the Registrar of the University. It is further directed that the matter relating to petitioner's personal promotion will be considered by the Selection Committee and decision will be taken by the authorities concerned within the next two months. We also direct that in case the petitioner is selected for personal promotion it will take effect from the date from which the petitioner was entitled. A copy of this order may be given to the learned counsel for the petitioner within three days on payment of requisite charges.;


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