B. D. Agarwal, J. - (1.) VACANCY arose against the post of a Lecturer in Military Science in the S. S. V. Degree College, Hapur affiliated to the University of Meerut. The petitioner and the respondent no. 5 amongst others were candidates for the post. The candidates were interviewed by the Selection Committee on August 11, 1981. The Selection Committee drew a panel in which the respondent no. 5 was placed at position No. 1 and the petitioner was shown at the No. 2. The petitioner represented that the respondent no. 5 did not possess the minimum prescribed qualifications and the experience for the appointment. The Vice Chancellor, however, gave approval on August 20, 1981 and the Management of the College appointed accordingly the respondent no. 5 to the post. A reference was made by the petitioner under section 68 of the U. P. Universities Act, 1973 (hereinafter referred to as the 'Act' to the Chancellor who rejected it under the impugned order dated March 27, 1982 observing :- " Sri Ram Autar has also questioned the selection and appointment of Sri S. P. Singh on the ground that he was not qualified for the post. Sri Singh had ten years teaching experience of permanent lecturership in Military Studies. He was fully qualified under Statutes 11.13 (8) of Meerut University. In view of these facts it cannot be said that Sri S. P. Singh was not qualified for the post. "
(2.) AGGRIEVED, the petitioner has approached this Court under Article 226 of the Constitution seeking the writ of certiorari to quash the order of the Chancellor. In accordance with section 31 (1) of the Act, a teacher is appointed by the Management of the College on the recommendation of the Selection Committee. The Selection Committee consists of the Head of the Management or a member of the Management nominated by him who shall be the Chairman; the Principal of the College and another teacher of the College nominated by the Principal and two experts to be nominated by the Vice Chancellor vide Section 31 (4) (a). No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated College unless prior approval of the Vice Chancellor has been obtained under Section 31 (11) (a). Clause (c) lays down :- " The Vice Chancellor, if he is satisfied that the candidate recommended by the Selection Committee does not possess the minimum qualifications or experience prescribed, or that the procedure laid down in the Act for the selection of the teacher has not been followed, shall convey to the Management his disapproval ; " According to Section 49 the statutes may provide for any matter relating to the University and shall in particular, provide for recruitment (including minimum qualifications and experience) of teachers of affiliated colleges. The First Statutes framed by the State Government under section 50 (1) relating to the various Universities of the State came into force on August 1, 1975. These were replaced by the First Statutes of the University of Meerut framed by the State Government with effect from May 1, 1977. These were amended later by the Meerut University (Fifth Amendment) Statutes, 1980 published in the Gazette Extra ordinary dated September 9, 1980.
(3.) THE Statute 11.13 (1) of the First Statutes of the University of Meerut, 1977 prescribes the minimum qualifications for the recruitment of a teacher in the Faculty of Arts to which the subject of Military Science pertains as under ',- " 11. 13. (1) In the case of any college, affiliated to the University, the following shall be the minimum qualifications for the post of a Lecturer in the Faculty of Arts (Except the Department of Music), the Faculty of Commerce and the Faculty of Science, namely ; (a) an M. Phil. degree or a recognised degree beyond the Masters level or published work indicating the capacity of the candidate for independent research work ; and (b) consistently good academic record with at least first or second class Master's degree or an equivalent degree of a foreign University, in a relevant subject. " Clause (6) provides :- " (6) Where no candidate possessing the qualification prescribed in subclause (a) of clause (1) or sub-clause (a) of clause (2.) is available or considered suitable the college, on the recommendation of the Selection Committee, may appoint a person possessing a consistently good academic record on the condition that he obtains such qualifications within five years of his appointment, failing which he shall not be able to earn future increments until he fulfils the requirements. " Clause (8) which is material makes provision for exemption in certain situation described as under :- " (8) Where a confirmed teacher of an affiliated college having at least five years teaching experience who fulfilled the qualifications prescribed in the Statutes or Ordinance of the University at the time of his initial appointment to the post of a Lecturer in that college, is a candidate for the post of a lecturer in any other affiliated college, or is after retrenchment from the college, where he served, a candidate for the post of lecturer in the same or any other affiliated college, the qualifications laid down in this Statute shall not be insisted upon in this respect. " The academic qualifications of the petitioner and the respondent no. 5 respectively are :- Petitioner :- M. A. (Military Science) Ist Division B. A Ist Division (61.4%) Intermediate II Division (47.8%) High School II Division. Respondent No. 5 :- M. A. (Military Science) III Division (40.4%) B. A. Ill Division (41.2%) Intermediate III Division High School III Division;