N. K. Mitra, S. R. Singh,. J. - (1.) THE bottom -line question that crops up for consideration in this Special Appeal is as to whether the qualification as to 'two years' experience' referred to in the Statue 18.06 of the Oudh University. First Statute, 1988 as amended by Oudh University (23rd Amendment) Pratham Pari -Niyamawali. 1988 comprehends experience of having worked as Librarian, etc, as against a sanctioned post or it would meet the requirements of law if a candidate had actually worked as Librarian, etc, though against a non -sanctioned post?
(2.) THE matter bears upon the appointment on the post of Librarian in Hemwati Nandan Bahuguna Post Graduate College, Lalganj, Pratapgarh which is a college affiliated to Oudh University. (It shall hereinafter be referred to as "H. N. B. College.") The vacancy in the post of Librarian in the scale of Rs. 690 -1,420 (Un -revised) was publicized by the Management in October. 1988. The petitioner put forth his candidature and was selected by the Selection Committee on 2.1.89 for appointment on the post of Librarian., The Committee of Management issued appointment order in favour of the petitioner -respondent and transmitted the papers to the Director of Education for his approbation. The latter declined his approbation vide order dated 25.1.1989, the learned single Judge, receiving reinforcement of his own decision in Writ Petition No. 31576 of 1990 Sri Ram Singh v, Director of Education and another, decided on 21.4.1992, disposed of the writ petition in terms of the direction issued in Writ Petition Wo. 31576 of 1990. Sri Ram Singh v. Director of Education and another. The order refusing approval to the appointment of the respondent met the fate of being quashed in terms of the directions encapsulated in the Judgment and order dated 21.4.1992 rendered in the case of Ram Singh (supra) read with the judgment and order dated 24.10.1998 delivered in writ petition giving rise to this Special Appeal. We have heard Sri Ran Vijai Singh, standing counsel representing the appellants and Sri Ashok Bhusan for the respondent No. 1.
(3.) THE minimum qualification for appointment to the post of Librarian or the Dy. Librarian as provided in Statute 18.06 (1) (iii) as it stood before its amendment by Oudh University (23rd Amendment) First Statute 1988 was as under : "(iii) Librarian/Deputy Librarian First or a Second Class Bachelor Degree in Arts, Science or Commerce and First or Second Class M, Lib. (2 year's Course), or First or Second Class Master's Degree in Arts, Science or Commerce and First or Second Class B. Lib. (1 year Course) : Provided that in the case of a college where the number of scholars does not exceed five hundred the requirement of M, Lib. or B. Lib, may be relaxed do and a candidate holding a certificate or diploma in library science may be appointed.";