V.K. Khanna, J. - (1.) IN pursuance of an advertisement made by the University of Allahabad for filling the post of a temporary Lecturer in the Department of Bio -Chemistry, the petitioner was appointed on the said post. Latter on two permanent posts in the aforesaid Department fell vacant. The petitioner had made representation for being appointed on permanent basis in view of the provisions of Section 31(3)(b) of the State Universities Act. The Vice -Chancellor of the University had ordered the representations to be put up before the Executive Council of the University; However, before the representation made by the petitioner could be considered by the Executive Council, the University invited applications for filling up the two permanent posts by making an advertisement. The petitioner in this writ petition has urged that despite the representations made by the petitioner and also despite the orders of the Vice -Chancellor for placing the matter of the petitioner before the Executive Council, the two permanent posts should not be filled in before the Executive Council takes a decision on the representation made by the petitioner for making him permanent in view of the provisions of Section 31(3)(b) of the State Universities Act. It has been prayed that a writ of mandamus be issued directing the respondents to place the petitioner's matter before the Executive Council before the permanent posts are filled up.
(2.) AT the admission stage the contesting respondent Allahabad University was served and is represented by Shri S.N. Upadhyaya Advocate. The parties exchanged counter and rejoinder affidavits and the present writ petition is being disposed of finally in accordance with the Rules of the Court. Learned counsel for the University has not disputed that the petitioner's matter has to be considered in accordance with law under Section 31(3)(b) of the State Universities Act. If that be so, we are of the opinion, that till the petitioner's matter is finally considered by Executive Council of the University, the permanent posts in the Department will be kept vacant and will only be filled up after the Executive Council has taken a decision in the matter of the petitioner. It is expected that the Executive Council in its next meeting will take up the petitioner's case and will adjudicate on the same in accordance with the provisions of the State Universities Act. Subject to the aforesaid observations, the present writ petition is finally disposed of. A certified copy of this order shall be given to the learned counsel for the parties on payment of usual charges within 24 hours.;