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2011 Supreme(All) 1203

SUNIL AMBWANI, JAYASHREE TIWARI
KRISHNA KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.N. Singh, G.K. Singh and V.K. Singh for the Petitioners; Neeraj Tripathi and Ajit Kumar Singh, C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Neeraj Tripathi appears for Chancellor of Mahatma Gandhi Kashi Vidyapeeth, Varanasi. Shri Ajit Kumar Singh appears for the University.

2. The petitioner has prayed for setting aside the order dated 23/28th December, 2010 passed by the Chancellor, Mahatma Gandhi Kashi Vidyapeeth, Varanasi (the University), in so far as he has accepted the disagreement of the Executive Council of the University in its resolution dated 23.6.2010 to the selections of the petitioners as Lecturers (petitioner Nos. 1 to 4), Reader (petitioner No. 5) and Professor (petitioner No. 6), by direct recruitment by the selection committee in pursuance to advertisement No. 2 of 2006 followed by advertisement No. 6 of 2006 published by the University. The Chancellor has accepted the disagreement on the ground that one of the subject expert was not present in the selections in violation of Section 31 (5) (a) of the U.P. State Universities Act, 1973 (in short the Act), and if any subject expert has expressed his inability to attend the me















































































































































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