- (1.) With the consent of learned counsel for the parties this petition is being disposed of finally at the stage of. admission.. On 30th Jan. 1984, learned counsel for the petitioners as well as the respondents stated before us that in view of the fact that the dispute relates, to. the appointment on posts of lecturers in the Ancient History Department of the Allahabad University which have been lying vacant for the last several years, the writ petition may be disponed of finally at the stage of admission. The parties having exchanged affidavits and their counsel having been heard, the petition is being disposed of by means of this judgment.
(2.) The two petitioners are applicants for permanent posts in the Department of Ancient History. Allahabad university. They are aggrieved by an action of the Vice-Chancellor in mak'ng ad hoc appointments against the permanent posts and posts which have been lying vacant consequent upon leave granted to the incumbent for periods extending over ten-months.in the purported exercise of powers under S. 13 (6) of the U. P- State Universities Act. The main grievance of the petitioners is that in the facts and circumstances existing in the present case, the conditions precedent for the exercise of powers under S. 13 (6) of the aforesaid Act are completely absent and that consequently the Vice- Chancellor has no jurisdiction to make any appointment under that provision.
(3.) The essential facts are that an advertisement No. 14 of 1979 was issued by the University of Allahabad. inviting applications for various posts in different Departments of the University including three permanent posts in the Department of Ancient History, Culture and Archaeology. These were specialised posts. In view, however, of new Statutes framed by the University in June 1980, making alterations in the minimum qualifications of the posts for which the aforesaid advertisement had already been issued, another advertisement was necessitated being advertisement No. 11 of 1980 laying down certain preferential qualifications for the aforesaid three posts such as experience of Archaeological field work and handling Archaelogical materials. By means of the second advertisement No. 11 of 1980 applications were invited also for filling four temporary posts in the said. Department which were likely to be made permanent. Immediately thereafter the University issued a corrigendum being advertisement No. 12 of 1980 wherein it was clarified that the preferential qualifications were applicable only in regard to the first three specialised posts. While the remaining posts were general posts in regard to which the clause relating to preferential qualifications in the advertisement was not applicable. Sri Deep Kumar Shukla, the first petitioner applied for one of the permanent specialised posts mentioned above, while the second petitioner Vijai Kumar Pandey was an applicant for one of the general posts. Both the applicants applied for permanent posts.;