PRABHAT CHANDRA TRIPATHI,J. - (1.) Heard Sri B.N. Singh, learned counsel for petitioner and Sri Gautam Baghel, learned counsel for respondents.
(2.) Petitioner Anil Kumar Singh has challenged impugned advertisement No. 1 of 1998 (Annexure 28 to the writ petition), whereby Allahabad University, Allahabad (hereinafter referred to as 'University') has advertised one post of Librarian in pay scale of Rs.4500-7300/- in daily newspaper 'Rojgar Samachar' dated 7-13/11/1998. He has also sought mandamus commanding respondents to comply with Government Orders dated 18.2.1995 and 26.7.1995 and in compliance thereto, transfer Library of Kali Prasad University College (hereinafter referred to as 'College') to University Library and adjust petitioner against post of 'Librarian' in the Library of University with all consequential benefits. Lastly, he has prayed for placing him in pay scale of Rs. 4500-7300 w.e.f 26.7.1995 pursuant to Government Order dated 29.2.1996, and make regular disbursement of salary and also pay arrears of salary from July, 1995.
(3.) Brief facts as disclosed in writ petition are that 'University' was a State University and governed by the provisions of U.P. State Universities Act, 1973 (hereinafter referred to as 'U.P. Act, 1973') and Statutes and Ordinances framed there-under. Section 47 of Act, 1973 is applicable only to Universities of Lucknow, Allahabad and Gorakhpur and such other University as may be specified by State Government by means of a notification issued in this regard. It reads as under :- "47. Halls, hostels and delegacy of the University;- (1) This section shall apply to the University of Lucknow, Allahabad, Gorakhpur and such other University the State Government may by notification specify. (2) The Halls and hostels of the University shall be- (a) those maintained by the University and names in the Statutes; (b) those recognised by the Executive council on such general or special conditions as may be provided by the Ordinances. (3) The warden and other staff of the Halls and hostels shall be appointed in the manner provided by the Ordinances. (4) The Executive Council shall have power to suspend or withdraw the recognition of a hall or hostel which is not maintained in accordance with the condition referred to in clause (b) of sub-section (2): Provided that no such action shall be taken without giving to the management of such hall or hostel an opportunity of making a representative against the proposed section. (5) There shall be a Delegacy to supervise the arrangements relating to the residence, health and welfare of students of the University not residing in or under the care of any constituent college or hall. The constitution, power and duties of the Delegacy shall be prescribed by the Statutes." ;