N.N. Mithal, J. - (1.) By a writ of certiorari the petitioner seeks to have the orders of the Chancellor and the Vice Chancellor quashed.
(2.) Ganna Krishak Maha Vidyalaya, Degree, College, Shahganj, (hereinafter College for short) is affiliated to the University of Gorakhpur. A vacancy to the post of a Lecturer in the Department of Geography had not been filled up by a permanent incumbent since 1977. According to the U.P. State Universities Act, no appointment of Lecturer can be made without advertisement of the vacancy in at least three issues of two newspapers having adequate circulation in the State. Consequently the vacancy in question was duly notified and a Selection Committee was constituted in accordance with Section 31(4)(d) of the Act including two experts nominated by the Vice-Chancellor. The interview Was held on 15-3-1981. Although the petitioner did ,not possess the requisite minimum qualification but it was relaxed in his case by the Selection Committee under statute 11.13 (5) and his name was recommended for appointment.
(3.) The College forwarded necessary papers to the Vice-Chancellor for approval along with letter, dated 26-3-1981 which was duly received in the University on 9-4-1981. According to the petitioner, since no disapproval had been received from the University within a period of one month his appointment must [be deemed to have been approved in view of the proviso to Section 31(1)(c) and he was duly appointed as lecturer. The University sent the first letter in this connection only on 14-5-1981 which was followed by a few others. However, the Vice-Chancellor ultimately conveyed his disapproval on 17-8-1981. An attempt to seek its review met with failure on 2-1-1982. The petitioner then made a reference to the Chancellor under Section 68 which too was rejected after usual exchange of versions of the parties. Aggrieved the petitioner has come up with a prayer that the orders passed by the Chancellor and the Vice-Chancellor be quashed.;