K.N. Goyal, J. - (1.) The Petitioners were selected by a Selection Committee for appointment as Readers in the Hindi Department of the Lucknow University. The Selection Committee prepared a panel of seven names in order of preference and the Petitioners were placed at the first five places in that panel. The selection committee added that" other candidates did not fare well at the interview and appeared to have shallow knowledge in their subject". The Executive Council considered this recommendation and accepted it in so far as the appointment of the five Petitioners was concerned, but did not approve of the part of the rider to the effect that person other than the seven candidates included in the panel "appeared to have shallow knowledge in their subject". Thereafter, opposite -party No. 4 who was one of the candidates not included in the panel by the Selection Committee made a representation Under Sec. 68 of the U.P. State Universities Act (for short, the Act) to the Chancellor. That representation was allowed by the Chancellor who set aside all the five appointments and directed the selection process to be initiated afresh. Aggrieved by this order, Annexure 3, the Petitioners filed this writ petition.
(2.) During the pungency of the petition, the Petitioner No. 4 got an appointment as Reader under a general scheme of personal promotion and as such he withdrew from the petition. Admittedly, opposite -party No. 4 has also same been appointed as Reader under the same scheme of personal promotion. Opposite -party No. 4 continues, however, to contest the petition as it has been pointed out on her behalf that despite her promotion under the same scheme she continues to be aggrieved by the selection of the Petitioners for two reasons. One is that if the Petitioners' selection were to stand they would become senior to her. Secondly, her promotion under the scheme of personal promotion from the post of lecturer to the post of reader would place her in a position of relative disadvantage as against the Petitioners. For a person can get personal promotion in his career only once; which implies that the Petitioners appointed as readers through regular selection will be entitled to personal promotion to the next higher post of professor in due course while she having come through personal promotion to the post of reader will not get a similar chance when her turn comes.
(3.) I have heard learned Counsel for the parties.;