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1970 Supreme(MP) 9

SHIV DAYAL, S.M.N.RAINA
KANTI PRASAD GARG – Appellant
Versus
VICE CHANCELLOR, JAWAHARLAL NEHRU KRISHI VISHWA – Respondent


Advocates Appeared:
B.V.SHUKLA, G.P.Patankar

RAINA, J.

( 1 ) THIS is a Writ petition under Article 226 of the Constitution of India.

( 2 ) THE petitioner is an employee of the Jawaharlal Nehru Krishi Vishwa Vidyalaya, madhya Pradesh and is at present posted as professor of Agronomy in the agricultural College at Gwalior which is affiliated to the University. The grievance of the petitioner is that although he is senior to Shri Solanki his claims for the post of Associate Professor in the Department of Agronomy were not duly considered and that he was not even interviewed for the said post along with Shri Solanki. He, therefore, prayed for a writ of mandamus against the University directing them to respect seniority of the petitioner amongst the existing employees for the post of associate Professor and to extend all consequential benefits to him.

( 3 ) ON behalf of the University a preliminary objection has been raised to the effect that the Gwalior Bench of the High Court of Madhya Pradesh has no jurisdiction to hear this petition in view of the orders of the President dated 28th November 1968 vide Annexure R-I to the Return. The said order which was passed in exercise of the powers conferred by Sub-section (2) of Section 51





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