ORDER

Leave granted.

Intervention application is dismissed.

2. Here is a classic case of delay defeats justice . This appeal by special leave arises from the order of the Division Bench of the Allahabad High Court, made on November 28, 1994 in Writ Petitioner No. 38070/94.

3. It is not necessary to give in detail all the facts. Suffice it to state that pursuant to an advertisement on March 14, 1978 for selection to the post of Professor, Ancient History, Mr. K.K. Sharma, the 3rd respondent had applied for selection. While the selection was to be made by a Committee consisting of Vice-Chancellor, the Dean and three experts on the subject, of whom one was from outside the University and two from outside the State were comprised therein. On the day when the Committee met for selection of the teacher, two of the experts from outside the State did not attend the meeting. They appear to have acted upon the telegram sent by the Vice-Chancellor asking them to abstain from the selection panel. The Vice-Chancellor, the Dean and the local expert Mr. K.K. Nizam from Aligarh University then selected Mr. K.K. Sharma. The matter was referred to the Executive Council. The Executive Council, the appo