- (1.) BY means of this writ petition, the petitioner who is Lecturer in Psychology in the Lucknow University has prayed for issue of a writ in the nature of quo warranto requiring the opposite party no. 4 to show the authority by which she claims to have been appointed as a Reader in Psychology in the University of Lucknow and has also prayed for issue of a writ in the nature of mandamus directing the authorities of the Lucknow University to appoint a Reader in Psychology in the University in accordance with the provisions of the Act and the First Statute of the Lucknow University. The petitioner has also prayed for issue of a writ of certiorari for quashing the order dated 16-8-1978 passed by the Chancellor of the Lucknow University.
(2.) IN response to an advertisement for the post of Reader in Psychology in the Lucknow University, the petitioner and few others applied for the said post on the prescribed form. IN her application the petitioner mentioned her qualifications that she stood first in M. A. Examination in Psychology and she also stood first amongst the M.B.B.S. 1st Professional and B. Sc. taken together in B. Sc. (Physiology). It was also mentioned in the precis of the application that the petitioner had undertaken 24 months course for a diploma in Medical and Social Psychology from Mysore in the year 1963 securing 69% marks. It was further mentioned that the petitioner had secured a certificate in research Methodology by undergoing a nine months course. IN the precis which was placed before the Selection Committee the fact that she had undertaken 24 months course for diploma in Medical and Social Psychology from Mysore in the year 1963 and that she secured certificate in research Methodology under undertaking nine months course was omitted and there is no denial of this fact by the University. The private parties have chosen not to file any counter affidavit and controvert any of the averments of fact made by the petitioner. The petitioner, who is Ph.D. also mentioned that she had four articles work published and one paper was ready but the same was not mentioned in her precis which was prepared by the Registrar of Lucknow University. The petitioner published 14 papers and 5 articles and participated in various seminars and conference and guided research. In the selection committee out of two experts only one was present and when the selection took place the other was absent. It has been stated that the opposite party no. 4 who was selected had not completed her thesis and according to the uncontroverted averments of the petitioner she had written only 3 or 4 chapters arid yet the selection committee observed that her published work is of high standard. It has been stated that the selection committee preferred to select opposite party no. 4 ignoring the fact that the qualification and degrees of the petitioner were better than the candidates who were interviewed by the selection committee. The matter came up before the Executive Council and the Executive Council did not accept the recommendations of the Selection Committee and decided to refer the matter to the Chancellor under Section 31 (8) (a) of the State Universities Act. The Executive Council observed that a perusal of the Biodata of Km. Neelima Misra shows that she does not possess Ph. D. Degree nor has she submitted her thesis so far. Yet it is strange to say that her published work was considered to be of high standard. Thus, she does not fulfil the requirement of essential qualifications and is not suitable for the post. The Executive Council further observed that the bio-data of Dr. Km. R. Rastogi shows that she possesses 11 years of teaching experience of post-graduate classes. She possesses consistently good academic record and should be appointed Reader in Psychology as she has been Graded no. 2 by the Selection Committee. Dr. (Smt.) Harinder Kaur Paintal is a Lecturer since November, 1972 and has also a consistently good academic record and is suitable for the post. It was further observed that as a consequence there are no question of relaxation of essential qualification as candidates of requisite merit were available. It is to be noticed that the petitioner was given five advance increments on account of research work and to none-else. The petitioner sent a letter to the Chancellor, Lucknow University, Lucknow that she wanted to support the decision of the Executive Council and has put forward her case and requested for being given personal hearing along with her counsel. It appears that she was asked to appear on 11th August, 1978 but she could not appear and sent a letter mentioning that on account of her illness she was unable to appear on said date. It was further mentioned by her that in order to be able to properly make submissions, it was essential that copy of the reasons recorded by the Executive Council in meeting dated May 29, 1978 be Supplied to her. The Chancellor accepted the recommendations made by the selection committee and appointed opposite party No. 4 as Reader in the Lucknow University vide the impugned order. One of the Members of the Executive Council Lucknow University, Lucknow Sri S. K. Narain sponsored the resolution in the meeting of the Executive Council on 29th May, 1978 to the effect that the recommendations of Selection Committee for the appointment of Professor and Reader in Psychology be turned down. In his letter dated 13-9-1978 he mentioned that the candidate who had been recommended by the Selection Committee and a uniformly poor academic record and this fact had not been mentioned in the resolution of the Executive Council and that he would raise the question of discrepancy between the reasons given by the members of the Executive Council and the reasons recorded by the office of Lucknow University.
(3.) APPOINTMENTS of teachers in the University of Lucknow is made in accordance with the provisions of Section 31 of the U. P. Universities (Reenactment and Amendment) Act. Section 31 of the Act provides as under :- "31 (1) Subject to the provisions of this Act, the teachers of the University and the teachers of an affiliated or associated college (other than a college maintained exclusively by the State Government or by a local authority) shall be appointed by the Executive Council or the Management of the affiliated or associated college, as the case may be, on the recommendation of a Selection Committee in the manner hereinafter provided." The relevant Statutes of the Lucknow University in the matter of appointment of teachers are Statutes 11.01 and 11.02 of the First Statutes of the Lucknow University, which provides as under : - "11.01 (1) In the case of Faculties of Arts, Commerce and Science, the following shall be the minimum qualifications for the post of Lecturer in the University, namely- (a) A doctorate in the subject of study concerned or a published work of a high standard in that subject ; and (b) consistently good academic record (that is to say, the overall record of all assessment throughout the academic career of a candidate), with first class or high second class (that is to say, with an aggregate of more than 54 per cent marks Master's degree in the subject concerned or equivalent degree of a foreign University in such subject. (2) Where the Selection Committee is of opinion that the research work of a candidate, as evidenced either by his thesis or by his published work, is of a very high standard, it may relax any of the qualifications specified in sub-clause (b) of clause (1). (3) If a candidate possessing a qualification prescribed in sub-clause (a) of clause (1) is not available or is not considered suitable a person possessing a consistently good academic record (due weightage being given to M. Phillor equivalent degree or research work of quality) may be appointed on the condition that he will attain the prescribed qualification (namely doctorate or published work as aforesaid) within five years from the date of his appointment : Provided that where the teacher so appointed fails to attain the prescribed qualification within the said period of five years, he shall not be entitled to yearly increments after such period, until he attains such qualifications." "11.02(1) No teacher appointed before the commencement of these statutes shall be deemed to be qualified for appointment to the post of Reader or Professor if he does not possess the qualifications prescribed in Statute 11.01 provided that where the Selection Committee is of opinion that the research work of a candidate, as evidenced by his thesis or by his published work, is of a very high standard, it may relax any of the qualifications specified in sub-clause (b) of clause (1) of Statute 11.01. (2) In addition, a candidate for appointment to the post of Reader or Professor shall fulfil any other qualification laid down in the Ordinances of the University." The qualifications of opposite party no. 4, according to the Lucknow University, is High School from U. P Board in First Division with 70.5 per cent marks; Intermediate in Second Division with 59.6 per cent marks, B.A. from Lucknow University in Second Division with 56.6 per cent marks and M A. from Lucknow University in Second Division with 57.8 per cent marks; published 12 research papers and is working as lecturer. So far as petitioner is concerned she was shown to have passed High School from U. P. Board in second Division with 54 per cent marks, Intermediate (Science) in second Division with 46 per cent marks, B Sc. from Lucknow University in second Division with 53 per cent marks and M. A. From Lucknow University with 76 per cent marks; published seven research papers. It was mentioned that she worked as Res. Assistant in Lucknow University from 8-11-1965 to 31-5-1966 and as Sr. Scientific-Defence Instt. of Physiology and Allied Sciences, Delhi for five months. It was also mentioned that she is working as Lecturer in Lucknow University since 16-11-1972 till the date of interview.;