- (1.) A. K. Yog, J. Smt. Shakuntala Saxena, the petitioner before this Court filed present writ petition under Article 226, Constitution of India praying for following reliefs - " (i) to issue a writ, order or direction in the nature of certiorari quashing the letter/order dated 1-1-191 (Annexure 8) passed by the opposite party No. 1; (ii) to issue a writ, order or direction in the nature of mandamus directing the Respondent No. 1 to grant approval to the selection of the petitioner on the post of Librarian and to pay salary as Librarian with effect from 3-9-1990; (iii) to issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case; (iv) to award costs of this petition to the petitioner. "
(2.) THE requisite facts of the case for the purpose of the present case are as follows - Guru Nanak Girls Degree College, Sunder Nagar, Kanpur is an educational institution affiliated to the University of Kanpur (as stated at the Bar ). One Smt. Pushpa Nandwani who was holding the post of Librarian proceeded on leave as she was to be married. She married and never came back and finally submitted her resignation on 31-8-1979 as a consequence whereof the post of Librarian in the institution fell substantially vacant. The case of the petitioner is that she though was appointed on 28-9-1973 on the post of Lab Assistant but she required to work as Librarian throughout i. e. w. e. f. 28-9-1973 (Annexure RA 1 to the rejoinder affidavit-filed in reply to the counter-affidavit of respondent No. 1 ). Petitioner claimed that since post of Librarian fell substantially vacant and erstwhile incumbent never came back she completed course of Library Science (Diploma) in the year 1974 and ultimately she pursued and obtained degree in Library Science with the permission of the management in the year 1987. The Management approached the concerned educational authorities, namely, Director of Higher Education for granting permission to fill up post of Librarian immediately when the erstwhile (Smt. Pushpa Nandwani) resigned on 31-8-1979 and the then Director (Higher Education) granted approval to fill up post on substantive basis vide letter dated September 30, 1980 (para 5 of the counter-affidavit filed by the respondent No. 1 ). On the basis of the permission, Management, issued an advertisement dated November 6, 1988/annexure 1 to the writ petition. Perusal of the said advertisement/annexure 1 to the writ petition shows that minimum qualification required for the post of Librarian in question was graduation with first or second division degree in Library Science along with two years working experience as Librarian. The advertisement did not disclose any specific date/cut of date on which a candidate should have possessed the requisite minimum qualification (academic and experience qualification ). It is not clear as to what transpired and what were the reasons/circumstances in which the process for making substantive selection on the post of Librarian could not be taken from 30th September, 1980 till 6-1-1988 (i. e. the date when permission was accorded by the Director, Higher Education for filling up the post till the date of advertisement ). There is, however, no dispute that the concerned respondent authorities did not object to the advertisement and on the other hand did appoint vide order dated 6-7-1989 one Prof. M. K. Pathak as its nominee/expert to have its representation in the Selection Committee constituted by the management under law. Interview took place on September 3, 1990 and petitioner having been found as the best suitable candidate on the requisite qualification and the best suitable candidate available at the time, Selection Committee recommended name of the petitioner for being appointed substantively on the post of Librarian in question. In this context letter of Director of Higher Education U. P. Allahabad addressed to the institution dated 6-7-1989, copy of which has been filed as Annexure 2 to the writ petition be perused.
(3.) PETITIONER has filed copy of certificate issued by one Jagdish Arora/secretary of the Management of the Institution to verify that the petitioner was working as an acting Librarian in the institution w. e. f. January 19, 1985/annexure 4 to the petition. The management sent requisite papers to the Director of Higher Education/respondent No. 1 for according approval as required under law vide letter dated/annexure 5 to the writ petition. The Management sent another reminder letter dated December 20, 1990 Annexure 6 to the writ petition and subsequently another letter/annexure 7 to the writ petition informing the concerned authorities that Smt. Shakuntala Saxena was working as an acting Librarian in the institution though her salary was paid from the salary account as a Lab Assistant in the pay scale of Rs. 354-550 whereas the post of librarian comes in pay-scale of Rs. 690-1420 and difference of the pay scale was paid by the management from its own recourses since management was taking work of Librarian from the petitioner. The Joint Director (Higher Education), U. P. sent letter dated 16-1- 1991/annexure 8 to the writ petition and thereby informed that proposal of the Selection Committee for recommending name of the petitioner for being appointed on the post of Librarian not accorded and in absence of requisite experience the same is rejected. The authority directed to the concerned authority for advertisement to be made/annexure-8 to the writ petition. The petitioner seeks to impugn the above impugned order, dated 16-1-1991/annexure 8 to the writ petition through present petition. At the initial stage this Court passed an interim order to the effect that operation of impugned order dated 16-1-1991 shall remain stayed and for that reason there is no dispute that post was never advertised nor selection made earlier.;