D.P.Mohapatra, J. - (1.) On a difference of opinion between the two learned Judges of a Division Bench, this case has been referred to the Full Bench.
(2.) The factual matrix of the case leading to the present proceeding may be stated thus : Chandra Shekhar Azad Agriculture and Technology University, Kanpur (hereinafter referred to as the University) by the advertisement dated 15-6-1991 invited applications for appointment to two permanent posts of Assistant Professors (Agriculture Engineering) along with some other posts. The last date for submitting application was 10-7-1991. Fifty six candidates, including the petitioner Pranveer Singh Satwat, submitted their applications for the said post; of them thirty candidates, including the petitioner, were called for interview. The interview was held on 10-10-1991. On being selected by the Selection Committee the appointment letter dated 10-11-1991 was issued in favour of the Petitioner in pursuance of which he joined as Assistant Professor on 11-11-1991.
(3.) The respondent No. 3, Sri R. K. Singh, challenged the appointment of the petitioner before the Chancellor of the University, i.e. the Governor of Uttar Pradesh, under Section 23 of the Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958 (U.P. Act XLV of 1958) hereinafrer referred to as the Act) mainly on the ground, inter alia, that the petitioner did not possess the eligibility qualification on the last date fixed in the advertisement for receipt of applications, therefore, his appointment is invalid and should be set aside. He also made an allegation that the petitioner has been appointed in the University, even though he did not possess the requisit qualifications, due to certain extraneous considerations like being a caste-man of the vice-Chancellor The Chancellor issued notice to the petitioner and the University and after considering their representations/explanations/replies cancelled the appointment of the petitioner on the ground that he was not eligible to be appointed to the post of Assistant Professor since he did not possess the minimum qualification prescribed on the last date fixed for receipt of applications, vide order dated 27-9-1994 (Annexure XII to the writ petition). The Chancellor further directed that the post be readvertised and appointment be made in accordance with law.;