- (1.) R. A. Sharma, J. Sri Varshney Degree College, Aligarh (hereinafter referred to as the College), which is affiliated to Agra University (hereinafter referred to as the University) invited applications, vide advertisement publi shed on 25th, 26th and 27th October, 1987, for appointment of an ad hoc Lecturer in the department of Military Science. However, no appointment could be made pursuant to the said advertisement and the vacancy was re-advertised. Again no appointment was made and the vacancy was again advertised on 13th, 14th and 15th October, 1989. Both Sri Hari Shankar and Sri Pramod Kumar Singh applied in pursuance of the above advertise ment. The Selection Committee consisting of four persons including an expert nominated by the Vice Chancellor, was constituted in order to select the candidate for the ad hoc appointment. The expert selected Sri Promod Kumar Singh and placed him at serial No. 1, but other three members did not agree with the expert and have selected Sri Hari Shankar alone and rejected the name of Sri Pramod Kumar Singh on the ground that he does cot have requisite minimum qualifications for the appointment. The Selec tion Committee by majority of 3 to 1 recommended the name of Sri Hari Shankar only and sent its recommendation to the Committee of Management of the College. The Committee of Management vide its resolution dated 28-12-1989 accepted the said recommendation and sent the name of Sri Hari Shanker to the Vice-Chancellor for his approval. The Vice-Chancellor, however, approved the name of Sri Pramod Kumar Singh for appointment and the Secretary of the College issued an appointment letter dated 13-1-1990 to Sri Pramod Kumar Singh. Sri Hari Shanker challenged the appointment of Sri Pramod Kumar Singh by filing a writ petition No. 6403 of 1990 and an interim order dated 14-3-1990 was granted by this court in his favour.
(2.) AFTER his appointment as ad hoc Lecturer Sri Pramod Kumar Singh sought the regularisation of his service under Section 31-C of the U. P. Higher Education Service Commission Act, 1980 but this prayer was, how ever, rejected by the Committee of Management on 23-6-1990 on the ground that he is not eligible for appointment to that post. Sri Pramod Kumar Singh thereafter, filed the writ petition No. 26208 of 1992 before this Court challenging the above order, rejecting his claim for regularisation. Sri Hari Shankar filed another wrij petition No 7440 of 1991 for a writ of mandamus directing the respondents to pay him the salary of the post of Lecturer in Military Science. Further prayer, not to recognise Sri Pramod Kumar Singh as Lecturer of Military Science and not to pay him the salary, has also been made. In January 1991 the U. P. Higher Education Service Commission (hereinafter referred to as the Commission) selected the candidates for substantive appointment as Lecturer in Military Science in the College. Sri Pramod Kumar Singh filed a writ petition No. 3701 of 1991 challenging the said selection. This court has granted interim order dated 7-2-1991 in his favour.
(3.) PARTIES have exchanged their affidavits and we have heard the learned counsel for the parties. Learned counsel for Sri Hari Shankar has challenged the order of Vice-Chancellor, approving the name of Sri Pramod Kumar Singh for appointment as ad hoc Lecturer and the letter of appointment issued by the Secretary, on four grounds, viz. (i) Sri Pramod Kumar Singh was not quali fied for being appointed as a Lecturer ; (ii) Vice-Chancellor could not have approved the name of Sri Pramod Kumar Singh in the absence of his selec tion by the Selection Committee and the approval/recommendation by the Committee of Management of the College ; , (iii) For appointment of ad hoc Lecturer under Section 16 of the Act, the approval of the Vice-Chancellor is not required and the appointment has to be made only on the basis of the resolution of the Committee of Management of the College ; and (iv) Sri Pramod Kumar Singh was not appointed by the Committee of Management but by its Secretary who has no such power learned counsel for Sri Pramod Kumar Singh, apart irom disputing the above contentions, has also made the following submissions : " (1) Sri Pramod Kumar Singh was exempted and/or deemed to have been exempted from the minimum qualifications ? (2) Writ petition filed by Sri Hari Shankar is liable to be dismissed in view of the finding recorded by this court in its judgment in the contempt jurisdiction ; and (3) The statutes framed under the U. P. State Universities Act, 1973 (hereinafter referred to as the Universities Act) prescribed the minimum qualifications for appointment as Lecturer, are ultra vires.;