S.H.A.Raza, Bhagwan Din, JJ. - (1.) The factual matrix in short compass as set out in the writ petition is that a post of Lecturer in the Education Department of Kashi Vidyapeeth, Varanasi, was advertised. In pursuance of the said advertisement, the petitioner applied for the post. According to the admitted case of the parties, the petitioner's academic record was under : High School II 56 per cent Inter II 49 per cent B.Sc. III 43.2 per cent B.Ed. III 53.2 per cent (In theory) 85.5 per cent (In practical) M.Ed. II 57.3 per cent The petitioner also possess M.Phil. degree.
(2.) The petitioner appeared before the Selection Committee and his name was recommended for appointment on the post of Lecturer in the Education Department. The Executive Council did not agree with the recommendation and the matter was referred to the Chancellor. The Chancellor in his order communicated that the Selection Committee was properly constituted but as the petitioner did not possess the consistently good academic record, hence, his appointment was bad and set aside the order.
(3.) Being aggrieved against the said order, the present writ petition has been filed. The thrust of the learned counsel for the petitioner in this writ petition is three fold. Firstly ; the Chancellor committed a mistake apparent on the face of the record in going beyond the reference of the Executive Council. Secondly ; 1989 amendment in the statutes stripping the power of the Selection Committee to give relaxation in the matter of academic qualification is invalid. As it runs counter to Section 7 of the State Universities Act, consistently good academic record is not the basis for selection of Reader and Professor and in some of the Universities, the power to relaxation exists. Thirdly ; the Selection Committee found the petitioner fit for being selected and intervention of the Chancellor in that regard was invalid, particularly, when Lecturers having less or similar qualifications have been selected and have been imparting education as Lecturer in Kashi Vidyapeeth.;