Judgment :

Dr. Mukundakam Sharma, J.

1. Leave granted.

2. The present appeals are directed against the judgment and order dated 3.7.2006 passed by the Division Bench of the High Court of Allahabad. By the common judgment and order, we propose to dispose of both the said appeals.

3. TheHigh Court by the said order allowed the Writ Petition filed by Mohd. Sohrab Khan and set aside the Office Memo dated 20.05.2004 issued by the University regarding appointment of Merajuddin Ahmed, as a Lecturer in Chemistry in University Polytechnic, Aligarh Mulsim University, Aligarh.

4. Mohd. Sohrab Khan filed the said Writ Petition challenging the aforesaid appointment and also seeking for a direction that he be appointed to the said post on the basis of his selection by the Selection Committee. Since by the said judgment and order the High Court set aside the appointment of the appellant Merajuddin Ahmed but, however, as High Court did not grant a direction as sought for by Mohd. Sohrab Khan, therefore, two appeals came to be filed in this Court on which we have heard the counsel appearing for the parties. We have also heard the learned counsel appearing for the Aligarh Muslim University. In order to deal with the contentions raised in both the appeals, it would be necessary to deal herein with some of the relevant facts leading to the filing of the writ petition.

5. Aligarh Muslim University issued an advertisement through Advertisement No. 2 of 2004 dated 6.2.2004 whereby it called for applications for filling up about 79 posts in the University. One of the said posts which was advertised was the post of Lecturer in Chemistry in University Polytechnic, Aligarh Muslim University. Qualification that was laid down by the University as essential qualification was a First Class Masters Degree in the appropriate branch of teaching post in Humanities and Sciences. Both Mohd. Sohrab Khan as also Merajuddin Ahmad submitted their applications to be considered as against the aforesaid post which was advertised namely Lecturer in Chemistry. Mohd. Sohrab Khan had a First Class Masters Degree in Chemistry (Pure) whereas Merajuddin Ahmad was holding a First Class Masters Degree in Industrial Chemistry. The University Authority, however, called both of them for the interview. The Selection Committee which was constituted for the purpose of selecting the suitable candidate selected Merajuddin Ahmad on the ground that he would be more suitable to the aforesaid post as he holds a Masters Degree in Industrial Chemistry which according to them would be best suited to teach the particular subject for the University Polytechnic, Aligarh Muslim University. The University Authority accepted the aforesaid recommendation of the Selection Committee and issued an order of appointment in favour of Merajuddin Ahmad.

6. Mohd. Sohrab Khan, being aggrieved by the aforesaid order passed by the Aligarh Muslim University filed a writ petition in the High Court of Allahabad.

7. The Division Bench of the High Court of Allahabad heard the aforesaid Writ Petition and by a judgment and order dated 3.7.2006 allowed the aforesaid writ petition holding that the aforesaid appointment of Merajuddin Ahmad to the said post is not legal as he did not possess the minimum qualification. The High Court consequently set aside the order of appointment with a direction to the respondent-University to initiate fresh selection process for the aforesaid post giving liberty to the University to reconsider the essential qualification for the post, in question. The High Court while coming to the aforesaid conclusion clearly recorded that the University award degrees separately in both subjects Chemistry as well as Industrial Chemistry and that both the subjects are distinct and separate.

By referring to the course structure of Graduate and Post Graduate classes in Chemistry and Industrial Chemistry, the High Court came to the conclusion that the courses of the aforesaid two subjects are quite different