Arun Tandon, Surya Prakash Kesarwani, JJ. - (1.) WE have heard Sri Irshad Ali, learned Counsel for the petitioner, Sri Shashank Shekhar Singh, learned Counsel on behalf of respondent Nos. 1 to 5 and Sri M.F. Ansari, learned Counsel on behalf of respondent No. 6. Aligarh Muslim University published advertisement No. 1 of 2013, dated 6.2.2013 for the post of Associate Professor in subject of Anatomy. The petitioner as well as the respondent No. 6 applied in pursuance to the advertisement. It was specifically mentioned in the advertisement that Assistant Professor/Lecturer having teaching experience of five years, would be eligible to apply. The last date for the submission of the application was 5.3.2013. The cut off date for determination of the eligibility condition was provided as the last date of submission of the application form. The applications received were scrutinized and only three candidates namely, the petitioner, Dr. Farhan Kirmani and Dr. Nema Usman were found eligible for being called for interview and they alone fulfilled the minimum teaching experience of five years in terms of the advertisement.
(2.) FROM the record it appears that the respondent No. 6, who was not short listed for want of requisite five years teaching experience submitted an application before the Vice Chancellor. In the application it was stated that the petitioner may be provided relaxation from five years teaching experience. He also filed another application wherein it was stated that under the amended M.C.I. guidelines only four years teaching experience is required. The Vice Chancellor asked for the legal opinion and is exercising the emergency powers under Section 19(3) of Aligarh Muslim University Act, 1920 vide order dated 25.3.2012 adapted the amendment notification issued by Medical Council of India, whereby the minimum teaching experience for the post of Associate Professor stood reduced from five years to four years. With the adaptation of the amendment in the teaching experience the selection committee proceeded to include the name of respondent No. 6 and one Tanvir Ahmad for the purposes of interview. After interview the respondent No. 6 along with Tanvir Ahmad, who was also had teaching experience of four years has been selected for appointment on the post of Assistant Professor. The selection has been notified on 27.6.2013 (Annexure -11 to the writ petition). It is against this selection that the present writ petition has been filed.
(3.) ON behalf of the petitioner it is contended that from the records it is admitted that on the date of advertisement published i.e., 6.2.2013 as well as on the last date of the submission of the application i.e., 5.3.2013, admittedly, the relevant Ordinances of the Aligarh Muslim University provided that the minimum teaching experience required for the post of Associate Professor, would five years as Lecturer/Associate Professor. It is with reference to these statutory provision that on the selection for the said post had to be completed. Even if the Vice Chancellor exercised his emergency power under Section 19(3) of the Aligarh Muslim University Act, 1920 for the purposes of adapting the amended notification of Medical Council of India to be precise on 25.2.2013 the same would be perspective in nature and shall not effect the proceedings of selection under the advertisement in question. It is further stated that if by adaptation of the amended provisions of the Medical Council of India the requirement of teaching experience stood reduced to 4 years and the University decided to consider the candidates with four years teaching experience as qualified for the post of Lecturer/Associate Professor than the minimum required was to publish a corrigendum disclosing the minimum teaching experience as four years, so that inasmuch as all such candidates, who could apply may have an opportunity to participate in the selection from Back door of respondent No. 6 and Tanvir Ahmad by adaptation of the amended Medical Science of India Regulation under notification dated 25.3.2013.;