- (1.) This is a petition filed by Dr. Miss Raj Kumari Sharma under Art. 226 of the Constitution of India challenging the order of the Vice-Chancellor, which was communicated to the petitioner by the letter of the Principal, Multanimal Modi Post-Graduate Degree College, Modinagar, dated 13th of Sept. 1975, the order of the Chancellor dated 9th of March 1976 and the subsequent communication of the Secretary of the College dated 28th of July, 1977, intimating the fact that the order dated 13th Sept. 1975 stands. In substance the challenge is to the order of the Vice-Chancellor disapproving the appointment of the petitioner as a Lecturer in Sanskrit and the order passed by the Chancellor on the representation made by the petitioner against the order of the Vice-Chancellor disapproving her appointment.
(2.) Multanimal Modi Post-Graduate Degree College, Modinagar, is an affiliated College of the Meerut University. In the year 1975 a post of Lecturer in Sanskrit fell vacant in the College and as such on the 7th June 1975 the College advertised for filling the post. The advertisement was made in the Hindustan Times of the 7th of June 1975. The minimum qualifications in the said advertisement were 1st Class Master's Degree or a Second Class Master's Degree with average second class career taking into account the results of High School, Intermediate and first degree examination and Ph.D. in the subject. The petitioner made an application for appointment on the said post. A Selection Committee was constituted under the provisions of the U. P. State Universities Act. The Selection Committee met on 1st Aug. 1975 under the Chairmanship of one Dr. M. R. Jain. 25 candidates were called for interview for the said post of Lecturer. Four candidates did not turn up for interview. The Committee interviewed the rest of the candidates and unanimously selected Dr. Miss Raj Kumari Sharma, the petitioner, and recommended her appointment as a Lecturer in Sanskrit on one year's probation. The Committee further made out a waiting list consisting of (1) Dr. Dharamvir and (2) Dr. Sushma. A letter of appointment was alleged to have been issued to the petitioner on the 1st of Aug. 1975 by Dr. M. R. Jain, the Manager of the Committee of Manage ment, who was also the Chairman of the Selection Committee.
(3.) On 11th of Aug. 1975 the Principal of the above-mentioned College wrote to the Meerut University seeking approval of the Vice-Chancellor to the appointment of the petitioner. The Vice-Chancellor did not approve the appointment of the petitioner, as well as that of Dr. Dharamvir. The Vice-Chancellor, however, approved the appointment of Dr.Sushma, who was second in the waiting list. The decision of the Vice-Chancellor was communicated to the Principal of the College by a letter of the University dated 11th Sept. 1975. On receipt of this communication from the University the Principal of the College communicated the said order to the petitioner, which is one of the orders which has been impugned in the present petition.;