N. N. Mithal, J. - (1.) An order dated 12-7-1985 passed by the Chancellor, Meerut University is under challenge in this writ petition.
(2.) The petitioner was earlier serving as lecturer of Military Science in D. A. V. College, Azamgarh affiliated to the Gorakhpur University. He applied for the post of Lecturer in military service in S. S. V. Degree College, Hapur in pursuance of an advertisement of March, 1981. After being recommended by the Selection Committee, his appointment was approved by the Managing Committee, which was also accepted by the Vice-Chancellor on 1-9-1981. Respondent No. 3 whose name was placed at serial No. 2 on the panel by the Selection Committee, made a representation against the petitioners selection which was, however, rejected by the Chancellor on 27-8-1982. His plea that the petitioner lacked requisite minimum qualification as prescribed by First Statute of Meerut University, was repelled. Respondent No. 3 then filed a writ petition before the High Court and a Division Bench of this Court accepted his plea and allowed the petition on 4-9-1984. Since reported in 1984 U.P. Local Bodies and Educational Cases Page 808 - Ram Autar v. Chancellor, Meerut University and others. While interpreting Statute 11.13(8) of the Meerut University it was held by this Court that the words affiliated college in the said Sub-Clauses refers those colleges which were affiliated to Meerut University. Since the petitioner's teaching experience related to a College affiliated to Gorakhpur University he could not take any advantage of that exception. After quashing the Chancellors order it was directed by the High Court that the representation made by the petitioner should be decided afresh in the light of the observations made.
(3.) In this maimer the matter again cane up before the Chancellor but in the meantime Sub-Clauses 8 of Statute 11.13 itself was amended retrospectively from 9-9-1980 by a notification dated 31-5-1985. As a result of this a amendment the scope of relation of minimum qualification - was enlarged so as to apply to confirmed teachers of Colleges affiliated to the Universities other than Meerut University also. The petitioner sent a supplementary representation drawing the attention of the Chancellor to the said amendment and prayed that in view of this amendment his teaching experience as a lecturer of an affiliated College under the Gorakhpur University should be taken into consideration, A half hearted attempt was made to urge that supplementary representing had not been received by the Chancellor, before the pending representation of respondent No. 3 was decided but the evidence filed here leaves no room for doubt that the same had reached the Chancellor before the order was passed. The Chancellor, however, allowed the original representation on 12-7-1985 in the light of the view taken by the High Court without considering the effect of the amendment. By a separate order dated 17-7-1985 petitioner's supplementary representation was also rejected. This order dated 17-7-1985 was not initially challenged and it is submitted that no effective relief can be granted if this order stands. It may however, be pointed out that the present writ petition was got reported in the High Court on 17-7-1985 and was admitted by the court on 18-7-1985. There was thus no occasion for the petitioner to challenge the later order in the petition.;