Satyendra Singh Chauhan, J. - (1.) This writ petition has been filed challenging the order dated 8.7.2009 passed by the Chancellor of the King George Medical University, Lucknow by means of which reference moved under Section 68 of the State Universities Act has been rejected and appointment order dated 8.8.2005 of opposite party no.4 has been upheld.
(2.) The facts giving rise to the present dispute are that the petitioner was appointed as Lecturer in pursuance to the advertisement issued on 15th March, 2005 by opposite parties no.2 and 3 for the post of Lecturer/ Assistant Professor. The petitioner as well as opposite party no.4 applied for the post of Lecturer/Assistant Professor. Claim of opposite party no.4 was considered by the Selection Committee and finding that he was having requisite experience of three years as contemplated in the advertisement, he was given appointment on the post of Assistant Professor. The petitioner as well as opposite party no.4 joined on the post in question. Qualification of the petitioner happened to be Post Graduate Degree in the subject of Prosthodontics in the year 2003 and thereafter on 11th December, 2003, the petitioner joined as Senior Resident-I and worked up to 10th December, 2004 and thereafter again on 10th December, 2004 the petitioner joined as Senior Research Fellow in the same department and worked up till 8.8.2005. Opposite party no.4 applied in pursuance to the advertisement and claimed that he had three years of minimum teaching experience in the subject concerned and therefore, he was eligible for being appointed on the post of Assistant Professor. His qualification was taken into consideration by the Selection Committee and he was given appointment on the post of Assistant Professor whereas the petitioner was appointed on the post of Lecturer. Prior to the posting in BRD Medical College, Gorakhpur as Assistant Professor, opposite party no.4 had no teaching experience in the capacity of Lecturer as he was working in Provincial Medical Services and there is no teaching post in the Provincial Medical Services and as such, opposite party no.4 was not having requisite experience for being appointed as Assistant Professor in the BRD Medical College, Gorakhpur.
(3.) So far appointment of the petitioner is concerned, his teaching experience of one year as Senior Resident was taken into consideration and thereafter he was appointed on the post of Lecturer. Statute No.10.01 (A) of the Lucknow University First Statutes, 1975 (for short "the Statutes") as well as the advertisement both provide that one should have at least three years teaching experience as Chief Resident/ Senior Resident/Tutor/ Demonstrator/ Registrar or equivalent after obtaining requisite recognized post graduate qualification and if he fulfils that qualification, he can be appointed as Assistant Professor and also 50% of the time served as Research Associate or equivalent in ICMR or CSIR research scheme up to maximum of 18 months will count as teaching experience for this clause and in accordance with the Statute. The petitioner is having teaching experience as Lecturer of one year and four months (one year as Senior Resident and four months as Senior Research Fellow i.e. 50% of total service of 8 months as Senior Research Fellow). The petitioner was appointed on the post of Lecturer and joined on 8.8.2005 on the said post. Opposite party no.4 passed MDS Degree in Prosthodontics subject in the year 1992 and on 20.8.1992 opposite party no.4 was appointed as Dental Surgeon in the Provincial Medical Services (for short "PMS") and he worked as Dental Surgeon in PMS up to 18.7.2003. On 19.7.2003, opposite party no.4 was transferred and posted as Assistant Professor Dentistry in BRD Medical College, Gorakhpur in the department of Dentistry to teach MBBS students. Opposite party no.4 worked there and taught the MBBS students and even according to the own showing of opposite party no.4, the certificate issued to him which has been filed before the Selection Committee goes to indicate that he has worked as Assistant Professor in Dental Surgery Department on the basis of transfer of service from 19.7.2003 to 7.12.2005 i.e. for a period of 2 years 4 months and 19 days and the working of opposite party no.4 for the aforesaid period has been taken into consideration by the Selection Committee. The petitioner moved representation challenging appointment of opposite party no.4 on 4.11.2008, 3.1.2009 and 8.2.2009. When no action was taken in respect of the representations moved by the petitioner, he again moved a representation on 13.2.2009 giving full facts and details of the case before opposite party no.1 for reverting back the opposite party no.4 to the post of Lecturer from the post of Assistant Professor on which he was illegally selected. Opposite party no.1 passed the order on 8.7.2009 rejecting the representation of the petitioner. Feeling dissatisfied with the aforesaid order, the petitioner again moved a detailed representation before opposite party no.1 on 27.7.2009. The said representation was not considered and neither any order was passed. Hence the present writ petition.;