JUDGMENT

S.C. AGRAWAL, J.- Leave granted.

2. We have heard learned counsel for the parties.

3. This appeal involves the question regarding inter se seniority of the appellant, Dr Bal Krishna Agarwal, and Respondents 4 and 5, Dr Murli , a Manohar Joshi, and Dr P.K. Sharma as Professors in Physics in the Allahabad University (hereinafter referred to as "the University"). The Executive Council of the University by resolution dated 16-7-1978, declared Respondents 4 and 5 as senior to the appellant. Writ Petition No. 15566 of 1988 filed by the appellant against the said resolution of the Executive Council was dismissed by the Allahabad High Court by judgment dated 6-1-1994 on the ground that alternative remedy of reference to the Chancellor under Section 68 of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as "the Act") was available to the appellant.

" 4. Section 31 of the Act provides for appointment of teachers. In subsection (10) of Section 31 it is prescribed that no selection for any appointment shall be made except after advertisement of the vacancy in at c least three issues of two newspapers having adequate circulation in Uttar Pradesh. In view of the said