G.P. Mathur, J. - (1.) The controversy involved in the two writ petition are inter connected and therefore, they are being disposed of by a common order at the admission stage as the counsel for the contesting respondents has also been heard. In Writ Petition No 36827 of 1992 the principal relief claimed is that the amendments made in Statute 11.13 of Gorakhpur University vide Notification dated 3-3-1989 end 31-12-1990 may be quashed and the advertisement issued on September 26, 1992 in so far as it requires fulfilment of the qualification as per the amended Statute 11.13 may also be quashed. Writ Petition No, 24397/93 has been filed for quashing of the order of Vice-Chancellor of Purvanchal University dated June 14, 1993.
(2.) Shibli National Post Graduate College, Azamgarh, a minority institution, was previously affiliated to Gorakhpur University, but after the establishment of Purvanchal University, it has been affiliated to the said University. A substantive vacancy on the post of Lecturer in Military Science arose in the College which was advertised on September 26, 1992 end it was mentioned therein that the minimum qualification for the post was as prescribed by the Purvanchal University/Gorakhpur University Statutes. Dr. Abdul Quayum Khan, who was one of the applicants for the said post, was selected by the Selection Committee and thereafter the papers were forwarded to the Vice-Chancellor of the Purvanchal University for according approval to his appointment as a Lecturer in tho College in accordance with Section 31 (11) (c) of I.J.P. State Universities Act, hereinafter referred to as the Act. He did not possess a consistently good academic record. But the Selection Committee made a note that in view of his research publication which is of high standard, the qualification as prescribed in sub-clause (b) of Clause (1) of Statute 11.13 has been relaxed The Statutes of Gorakhpur University were amended vide notification dated March 3, 1989 and by the said Amendment Clause (5) of Statute 11 13 which gave the power to the Selection Committee to relax any of the qualification prescribed in sub-clause (b) of Clause (1), If the research worK of a candidate was of a very high standard, was taken away Some further amendments in the Statute were also made by notification dated December 31, 1990. In writ petition No 36827 of 1992 filed by Dr. Abdul Quayum Khan challenging the aforesaid amendments in the Statute of Gorakhpur University an interim order was passed on November 12, 1992 to the effect that the notification dated March 3. 1989 of the State Government amending the first Statute of Purvanchal University shall remain stayed. The Selection Committee had met on January 7, 1993 end on the same date, the Committee of Management forwarded the recommendations of the Selection Committee to the Vice-Chancellor for according his approval On January 9, 1993 Dr. Sanjay, who was also one of the candidates for the said post made a representation to the Vice-Chancellor not to grant approval to the appointment of Dr Khan, Dr. Sanjay also filed a writ petition in which a Division Bench of this Court passed an order on February 12, 1993 directing the Vice Chancellor, Purvanchal University to decide the representation made by him. Thereafter, the Vice-Chancellor passed the impugned order on June 14, 1993 after considering the representation of Dr. Sanjay as well as papers forwarded by the committee of management under Section 3) (11) (c) of the Act. The Vice-Chancellor was of the opinion that as Dr. Khan had secured 51.4 percent marks in Intermediate, 487 per cent in B. A. and 482 per cent in M. A., he did not possess consistently good academic record nor a first or high second class in Master's Degree. By the amendment made in the Statute on March 3, 1989, the power to grant relaxation in qualification, if the research work of a candidate was of a very high standard, had been taken away and as the said amendment had been challenged by Dr Quayum and the writ petition was pending in the High Court, It would be proper to grant approval only after the final decision of the writ petition. He further opined that in the alternative, the committee of management may obtain a clarification from the Hon'ble High Court as to whether in view of the interim order passed by this Court Dr. Quayum would be eligible to take benefit of the provision which empowered the Selection Committee to grant relaxation in the qualification as it stood in the Statute prior to its amendment in 1989. It is this order of the Vice-Chancellor which has been challenged by the committee of management of the College in Writ Petition No. 24397 of 1993.
(3.) Section 50 of the U P State Universities Act provides that the First Statutes of the University shall be made by the State Government by notification in the Gazette and Clause (1-A) provides that the Statutes may be amended by notification for the Gazette, Clause (5) of Statute 11.13 of the Statutes of Gorakhpur University which laid down the qualification of teachers in the affiliated Colleges prior to its amendment by notification dated March 3, 1989 reads as follows : Statutes-11.13 (5) "If the Selection Committee is of the view that the research work of a candidate as evident either from bis thesis or from his published work is of a very high standard, it may relax any of the qualifications prescribed in sub-clause (b) of Clause (1), or sub-clause (b) of Clause (2) as the case may be.";