SABHAJEET YADAV, J. - (1.) BY this petition, the petitioner-Dr. Ravindra Kumar has challenged the order dated 26th December, 2007 (Annexure-7 of the writ petition) passed by the Chancellor of Sardar Vallabh Bhai Patel University of Agriculture & Technology, Modipuram, Meerut (in short the University), whereby the petitioner's appointment on the post of Assistant Professor/Subject Matter Specialist has been cancelled. The Chancellor has passed the aforesaid order in pursuance of judgment and order dated 28.3.2007 passed by this Court in Writ Petition No. 52807 of 2006, Dr. Udai Bir Singh v. State of U.P. and others, which was filed by Dr. Udai Bir Singh against the order dated 5th June, 2006 passed by the Chancellor rejecting his representation against the appointment of the peti­tioner.
(2.) THE brief facts leading to the case are that Dr. Ravindra Kumar the peti­tioner and Dr. Udai Bir Singh the respondent No. 5, along with other persons, applied in pursuance of advertisement issued by the University inviting applica­tions for various categories of posts such as Deans and Directors; Joint Director and Professor; Associate Professor/Associate Director; Assistant Professor/As­sistant Director/SMS published in Employment News dated 14-20.8.2004. Both the petitioner and respondent No. 5 applied for the post of Assistant Professor/Subject Matter Specialist (Animal Science) at headquarters, under general cat­egory in the pay scale of Rs. 8000, and Rs.13, 500. The qualification, mentioned in the advertisement for the post, was as follows: "Subject Matter Specialist F.1, 2, 4, 5 and 6pb.D. in subject concerned or M.Sc. (Ag) in subject concerned with 2 years' experience of T/R/E after master Degree." The selection committee, on the basis of the educational qualifications and interviews, found the petitioner to be most suitable and made a recommenda­tion for his appointment. The recommendation was approved by the Board of Management of the University. The petitioner was issued the appointment letter on 21.3.2005. Since thereafter he is teaching in the University.
(3.) DR . Udai Bir Singh-respondent No. 5 made a representation dated May 30th, 2005 under Section 23 of the Uttar Pradesh Krishi Evam Pradhyogik Vishwavidyalaya Adhiniyam, 1958 (in short the Act) before the Chancellor, chal­lenging the appointment of the petitioner on the ground, that his academic record is better as compared to the petitioner's academic record. He submitted that Dr. Ravindra Kumar-the petitioner has not completed Ph.D degree and is only M.Sc. He has not qualified National Eligibility Test (NET) conducted by ICAR or any other similar agencies. He has less experience and less publication to his credit, as compared to Dr. Udai Bir Singh. According to him, he had completed Ph.D in 1995 and is qualified NET twice in 1995 and 1998 in different subjects, which is compulsory for most of the Agricultural Universities for the post of Assistant Pro­fessor/Subject Matter Specialist or equivalent posts. The respondent No. 5 also stated that he had more than five years experience as Research Associate at the time of interview and has 50 publications in National and International journals to his credit.;