S.H.A.RAZA, J. - (1.) BY means of the present writ petition Dr. Salik Tewari has prayed for issuance of a writ in the nature of certiorari quashing the order of appoint ­ment of Dr. Fateh Bahadur Ojha (respon ­dent No. 5) as the Principal of Lal Bahadur Shastri Degree College, Mughalsarai, Varanasi as well as the orders dated 17 -5 -1982 and 7 -7 -1982 suspending the petitioner and rejecting his representation under Section 68 of the State Universities Act (hereinafter referred to as the Act) respectively.
(2.) THE factual matrix in a short com ­pass is that the Selection Committee with a view to make appointment for the post of the Principal of Lal Bahadur Shastri De ­gree College, Mughalsarai, Varanasi met on 9 -8 -1981 and recommended the follow ­ing candidates in order of preference: 1. Dr. Fateh Bahadur Ojha (respondent No. 5) 2. Dr. Salik Tewari (petitioner). 3. Dr. Chhabi Nath Pandey The minutes of the meeting of the Selection Committee for appointment of the Principal indicate that the selection was to be made for the said post and the Members of the said Selection Committee Messrs A.P. Chaube as nominee of the Management, Dr. VS. Misra (Expert), Dr. A.D. Pant (Expert) and Dr. Han Shankar Srivastava (Expert) were present. Ten can ­didates were called, including the petitioner for Interview out of which eight candidates participated in the Interview. The Selection Committee interviewed all the eight candidates and recommended M/s. Dr. Fateh Bahadur Ojha, Dr. Salik Tewari and Dr. Chhabi lath Pandey in order of merit. The candidature of Shri Govind Prasad could not be considered in spite of his very brilliant academic record as according to the qualifications laid down in the Statutes of the Gorakhpur University he did not have Master's De ­gree or an equivalent degree of any University in one of the subjects taught in the College. The condition of consistently good academic record had been waived in view of Ph. D. Degree.
(3.) IN pursuance of the recommenda ­tions of the Selection Committee the Management appointed Dr. Fateh Bahadur Ojha (respondent No. 5) as the Principal of the College in question. Even prior to the approval of the Vice -Chancellor. Dr. Salik Tewari, the petitioner, filed a civil suit against the Management as well as against Dr. Fateh Bahadur, Ojha in which an order of interim nature was granted which was later on vacated.;