JUDGMENT :

By the instant writ petition, the petitioner, who also participated in the selection process for appointment to the post of Assistant Professor (Chemistry) in the Department of Chemistry, pursuant to Employment Notice No. A-20/2015, is challenging the appointment of respondent No. 4 on the ground that respondent No. 4 is not having the essential qualification, as required for the post as per the advertisement. In addition to challenging the appointment of respondent No. 4, the petitioner is also challenging the order dated 12.11.2020 passed by the Chancellor, whereby the complaint preferred by the petitioner under Section 23 of the Govind Ballabh Pant Agriculture and Technology University, Pantnagar, Act, 1958 (The Act)-against the appointment of respondent No. 4, stood rejected. The petitioner is further seeking a direction that he may be given appointment to the post of Assistant Professor, Chemistry (SC) in the Department of Chemistry w.e.f. 21.09.2015 i.e. the date when the recommendation was made for appointment of respondent No. 4 by the Selection Committee.

2. Govind Ballabh Pant University of Agriculture and Technology, Pantnagar, District Udham Singh Nagar (hereinafter referred to as the ‘respondent-University’) has been constituted under the provisions of Uttar Pradesh (Agriculture and Technology) Universities Act, 1958.

The brief facts relevant for our purpose may now be noticed. In the year 2011, the respondent-University advertised one post of Assistant Professor, meant for SC category candidate, in the Department of Chemistry vide Employment Notice No. A-18/2011, and the essential qualification, as prescribed in the advertisement, was Master’s Degree in the concerned discipline, i.e. Chemistry and a PhD Degree. The said post was mentioned at Serial No. 28 of the Advertisement, in the College of Basic Sciences & Humanities, and the qualification, as prescribed for the post-in-question, is also mentioned in the advertisement, which reads as under:-

“For the posts at Sl. No. 27 to 34 & 71: Essential: 1. Ph.D./Doctorate Degree in the subject concerned or related field. 2. Master’s degree in the concerned discipline with at least 60% marks or equivalent in the point scale system. A relaxation of 5% may be provided at the graduate and Master’s level for the Scheduled Caste / Scheduled Tribe / Differently-abled (Physically and visually differently-abled). 3. (1) The NET/SLET will be an essential qualification for the recruitment to the posts of Assistant Professor or equivalent in the discipline where NET / SLET is conducted by the ICAR / UGC/ CSIR or any other Central / State Govt. Agency. (2). The NET / SLET will not be an essential qualification in the discipline in which NET / SLET is not conducted.”

3. On 15.01.2012, respondent No. 4 applied for the said post pursuant to the aforesaid Employment Notice No. A-18/2011, despite the fact that he was not having the Degree of M.Sc. (Chemistry). Respo