Pradeep Kant, Rajiv Sharma, JJ. - (1.) Heard learned Counsel for the parties.
(2.) The petitioner Km. Seema Shah appeared in the selection for the post of lecturer in the department of Urdu in the University of Lucknow' in pursuance to an advertisement No. 5/1991, dated 25.9.1991. The Selection Committee recommended her name at serial No. 1 of the panel besides Miss Azra Parveen and Mr. Ehtisham Hussain at serial numbers 2 and 3. The recommendation of the Selection Committee was considered by the Executive Council which came to the conclusion that the petitioner as well as Miss Azra Parveen at serial No. 2 of the panel were not having requisite qualification and they were thus not qualified for being appointed. As such the matter was referred to the Chancellor under Section 31 (8) (a) of the U.P. State Universities Act, 1973. The Chancellor vide his order dated 25th July, 1993 rejected the recommendations made by the Selection Committee in favour of the petitioner after holding and confirming that the petitioner was not possessing minimum essential qualification as prescribed for the post. It is not in dispute that by virtue of an amendment in the year 1988, on the basis of recommendation of University Grants Commission, the statutes were amended bringing into essentiality of qualifying 'NET' examination subject to exception provided in the relevant Statute 11.01 (7) which are as under:- (7) For appointed to the post of Lecturer only those candidates shall be eligible who, besides fulfilling the minimum academic qualifications prescribed for the post of lecturer, have qualified in comprehensive test, if any, to be conducted as per scheme of University Grants Commission. Provided that a candidate : (1) Who has passed University Grants Commission or Council of Scientific and Industrial Research or Junior Research Fellowship examination; (2) Who has already been awarded Ph.D. or M. Phil degree; OR (3) Who will be awarded M Phil. Degree up to December, 1990 or Ph.D. degree up to December, 1992; shall not be required to qualify in such a comprehensive test.
(3.) Admittedly, the petitioner had not cleared the requisite examination of University Grants Commission nor was possessed of Ph.D. degree, therefore, lacked essential qualification.;