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1994 Supreme(All) 148

B.L.YADAV, R.R.K.TRIVEDI
Mohd. Sohail – Appellant
Versus
Chancellor, University of Allahabad – Respondent


Advocates appeared:
R.N. Singh, A.P. Sahi, S.N. Upadhaya

JUDGMENT

1. By this petition under Article 226 of the Constitution, the prayer is that by issuing a writ of certiorari the order dated 29th July, 1991, passed by the Chancellor, respondent, and communicated to the petitioner on 16th October, 1993 (Aunexure-5 to the writ petition) be quashed. There is a further prayer for issuance of at writ of mandamus directing the respondents to consider the candidature of the petitioner treating the Selection Committee to have been properly constituted.

2. There is a personal promotion scheme and the petitioner having completed 10 years service as Reader was entitled to be selected as Professor. For that purpose Selection Committee was constituted under Section 31 (4) of the State Universities Act, 1973 (the Act for short). There were two Experts nominated and the result of the Selection Committee, which met on 8th February, 1990, to select a proper candidate for the purpose, was in favour of the petitioner. The result was, however, submitted in a sealed cover, which was furnished before the Executive Council on 5th August, 1990. The Executive Council, however, did not agree with the recommendations of the Selection Committee and consequently ma
















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