By the Court.—We have heard Shri Shailendra, learned counsel for the petitioner. Shri Ajay Singh appears for the University. Shri V.K. Upadhyay appears for the University Grants Commission.

2. This writ petition is directed against the decision of the Executive Committee of Banaras Hindu University, Varanasi dated 8th/9th January, 2003, rejecting petitioner’s representation dated 13.3.2001; and for a direction to the University authorities to consider the petitioner for promotion to the post of Professor under MPS 86 for which he had given option in 1998 and his claim to be treated as eligible for promotion w.e.f. 1995. He has also prayed for consequential relief of arrears of salary and fixation in the pay scale from the date of his entitlement.

3. The petitioner had earlier filed Writ Petition No. 21250 of 2001, which was disposed of by this Court on 25.5.2001 to decide his representation. The Executive Council by its resolution No. 128 communicated to the petitioner on 8th/9th January, 2003 rejected the petitioner’s representation. The resolution “ECR 128 at Item 14” is quoted as follows :

“ECR128

ITEM 14

CONSIDERED the orders dated 25.5.2001 of the Hon’ble High Court, A