- (1.) This petitioner under Articles 226 of the Constitution is directed against the appointment of Dr. Radhey Shyam, Respondent No. 1, Professor of Medieval and Modern History in the University of Allahabad.
(2.) Smt. Rekha Joshi and Dr. Radhey Shyam respondent both have been working as Readers in the Department of Medieval and Modern History of the University of Allahabad with effect from 27.3.1974. In 1975 the post of Professor, was advertised, the petitioners as well as Respondent No. 1 and several others applied for the same. A Selection Committee constituted under the provisions of Section 31(4) of the U.P. State Universities Act, 1973, hereinafter referred to as the Act, interviewed the candidates on 7th May, 1975. It did not, however find anyone suitable for appointment. The University thereupon again advertised the post of Professor in 1976. The petitioner as well as Respondent No. 1 both in addition to other candidates applied for the same. The candidates appeared before the Selection Committee on 17.7.1976, but again the Selection Committee did not find any candidate suitable for appointment. The University thereafter again issued advertisement for the post of Professor in the year 1977. The petitioner and Respondent No. 1 as well as other candidates applied and they appeared before the Selection Committee on September 23, 1978. The Selection Committee recommended Dr. Radhey Shyam, Respondent No. 1, for appointment to the post of Professor. The Executive council accepted the recommendation on October 7, 1978, and it appointed Dr. Radhey Shyam as Professor of Medieval and Modern History. The petitioner filed a representation to the Chancellor under Section 68 of the Act challenging the appointment of Dr. Radhey Shyam on the ground that he did not possess the minimum prescribed qualification for appointment to the post of Professor and that the Selection Committee had acted arbitrarily in granting the relaxation. The Chancellor by his order dated July 26, 1978, rejected the petitioner's representation and upheld the validity of the respondent's appointment. Aggrieved, the petitioner has challenged the validity of the order of the Selection Committee making recommendation in favour of Dr. Radhey Shyam and the order of the Executive council appointing him to the post of professor as well as the order of the Chancellor dated July 26, 1978 rejecting the petitioner's representation.
(3.) Before considering the submissions made on behalf of the petitioner, it would be useful to refer to the statutory provisions regulating the selection and appointment of Professors. Section 31 of the Act provides for appointment of teachers of the University by the Executive Council on the recommendation of the Selection Committee in the manner provided in the various sub-sections. Sub-section (4) provides for constitution of the Selection Committee for appointment of teachers. Sub-section (10) provides that no selection or appointment shall be made except after the advertisement for the post has been published in newspapers having adequate circulation in the State. Section 49 provide for framing of status prescribing the qualifications, experience and emoluments of teachers of the University, it further lays down that the first statute of the University shall be made by the State Government has framed the first statutes relating to the University of Allahabad. Statute 11.01 and 11.02 prescribing minimum qualifications for teachers in the Faculty of Arts of the University. These are as under:- "11.01 (1) in the case of the Faculties of Arts, Commerce and Science, the following shall be the minimum qualifications for the post of a Lecturer in the University, namely: (a) a doctorate in the subject of study concerned or a published work of a high standard in that subject; and (b) consistently good academic record (that is to say, the overall record of all assessments throughout the academic career of a candidate) with first class or high second class (that is to say, with an aggregate of more than 54 per cent marks) Master's degree in the subject concerned or equivalent degree of a foreign University in such subject. (2) Where the Selection Committee is of opinion that the research work of a candidate, as evidenced either by his thesis or by his published work, is of a very high standard, it may relax any of the qualifications specified in sub-clause (b) of Clause (1). 11.02(1) No teacher appointed before the commencement of these Statutes shall be deemed to be qualified for appointment to the post of Reader or Professor if he does not, possess the qualifications prescribed in Statute 11.01 provided that where the Selection Committee is of opinion that the research work of a candidate, as evidenced by his thesis or by his published work, is of a very high standard, it may relax any of the qualifications specified in sub-clauses (b) of Clause (1) of Statute 11.01." ;