M.Katju and D.R.Chaudhary, JJ. - (1.) Heard Dr. Ram Shanker Dwivedi and Shri V. S. Dwivedi, learned counsel for the petitioner, Shri NeeraJ Tripathi, learned counsel for respondent No. 1 and Shri B. D. Upadhyaya, learned counsel for respondent Nos. 2 and 3.
(2.) The petitioner is challenging the impugned orders of the Chancellor dated 28.10.98 (Annexure-4 to the writ petition) and the order dated 26.11.98 (Annexure-A-14 to the counter-affidavit). The dispute in this case relates to the Kumaun University, Nainital. In paragraph 3 of the petition, it is stated that an advertisement was made in the newspaper 'Amar Ujala' for selecting persons for the posts of Lecturer/Reader/Professor in the University. The petitioner applied for the post of Lecturer in M. B. A. Department. The interview was held by the Selection Committee constituted under Section 31 (2) of the U. P. State Universities Act, 1973 on 23.10.98, as stated in para 7 of the writ petition. The Selection Committee met and made its recommendation to the Executive Council. Thereafter the impugned order of the Chancellor dated 28.10.98 was communicated by the letter of the Vice-Chancellor to the petitioner dated 9.2.99 (Annexure-4 to the writ petition). By that order, the Executive Council was restrained by the Chancellor from considering the recommendations made by the Selection Committee.
(3.) In this case on 16.2.99, the respondents had been granted three weeks' time to file counter affidavit. Thereafter on 20.8.99. Shri Neeraj Tripathi appearing for the Chancellor was granted two weeks and no more further time to file counter affidavit. A counter-affidavit has been filed on behalf of the University but no counter affidavit has been filed on behalf of the Chancellor.;