Allahabad High Court
Amresh Kumar Singh And 3 Others vs Union Of India And 3 Others on 3 August, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:156555
Court No. - 35
Case :- WRIT - A No. - 12626 of 2023
Petitioner :- Amresh Kumar Singh And 3 Others
Respondent :- Union Of India And 3 Others
Counsel for Petitioner :- Prabhakar Awasthi,Ram Kailash Yadav,Surya Bhan Singh
Counsel for Respondent :- A.S.G.I.,Kunal Ravi Singh
Hon'ble Vikas Budhwar,J.
Sri Narendra Singh, Advocate has filed memo of appearance on behalf of the first respondent, the same is taken on record.
Heard Sri Prabhakar Awasthi along with Sri Surya Bhan Singh, learned counsel for the writ petitioners, Sri Narendra Singh, who appears for the first respondent, Sri Kunal Ravi Singh,who appears for respondent nos.2 and 3 and Sri S.D. Kautilya, who appears for the fourth respondent.
The case of the writ petitioner is that fourth respondent, Chaudhary Mahadev Prasad Degree College, Prayagraj is a constituent Post Graduate College of the University of Allahabad, which had published a notification on 27.09.2022 inviting applications of nine posts of Assistant Professors in the Subject of Hindi, break off whereof was two post of unreserved category, one post of E.W.S. category, three post of O.B.C. category, one post of scheduled caste category and two post of scheduled tribe category.
The petitioners claim themselves to be fully eligible and qualified in all respects and applied in purusance of the said advertisement, while filling up only application forms on 24.10.2022, 29.10.2022, 31.10.2022 and 09.10.2022. As per the advertisement, the interviews were to be held on 09.08.2023.
The writ petitioners further submits that according to them, pursuant to the resolution of the respondent-University, the ratio for calling candidates was 1:15, however the respondents have curtailed the same to 1:8. Learned counsel for the writ petitioners has further invited the attention of the Court towards Annexure No. 5 at page No. 128/129 of the paper book, whereby from the Office of Dean of College Development of the University of Allahabad addressed to the S.S.Khanna Girls Degree College, Prayagraj, it has been intimated that the ratio would be 1:15. Learned counsel for the writ petitioners thus submits that there cannot be different yardsticks in the matter of fixation of the ratio.
Sri Prabhakar Awasthi, who appears for the petitioners further submits that had the respondents adhered to the ratio of 1:15, then the writ petitioners would have come within the zone of consideration and since the same has not been done, thus their valuable rights are being snatched away.
Prayer in this writ petition is for a direction to the fourth respondent, institution to permit the petitioners to appear in the interview and, if found selected, they may be granted appointment on the post of Assistant Professor, Hindi.
Sri Kunal Ravi Singh, who appears for the respondent-University on the other hand submits that first of all, the fourth respondent, Institution is a constituent college and thus it is governed under the statutes framed by the University. He further submits that as per the resolution of the University in question, a conscious decision has been taken, whereby the ratio for calling the candidates in interview has been fixed to be 1:8 and it is not within the province of the writ petitioners to insist for expanding the same while making it to be 1:15.
Sri Kunal Ravi Singh, who appears for the respondent-University has relied upon the judgment passed by the co-ordinate Bench of this Court in Writ ? A No. 4355 of 2023 (Sunil Kumar Singh vs. Union of India and 4 Others), decided on 23.03.2023, so as to further contend that the challenge in the same fashion was also raised, which was negated.
He further submits that though the writ petitioner might claim extension of the benefits given by this Court in Writ A No. 4562 of 2023 (Jyotsana Mishra vs. Union of India and 2 Others), wherein interim protection has been accorded. However, subsequently on 23.03.2023, a final judgment has been delivered, thus the final judgment will prevail and will have binding effect.
The learned counsel, who appears for the first respondent and Sri S.D. Kautilya, who appears for the fourth respondent have adopted the submissions of Sri Kunal Ravi Singh.
I have heard the learned counsel for the parties and perused the record.
Undisputedly, the fourth respondent, institution is a constituent college of the University of Allahabad being a simple Univesity and is bound by the resolutions and the directions issued by the University. It is further not in dispute that the ratio has been fixed to 1:8, while calling the candidates. Though arguments might be raised that in one of the other constituent college, there has been ratio of 1:15, but this Court cannot go into the said aspect of the matter, as the resolution is not put to challenge in this petition.
Further more, the law is well crystallized on the said subject that mere selection does not confer right. However, the writ petitioners can at best claim to be called for the interview, however, the same is not an unfettered right but that is subject to certain qualifications that they come within the zone of consideration within the statutes or the resolution so passed therein. More so, now there happens to be a final verdict by this Court in the Case of Sunil Kumar Singh (supra) on the said aspect.
Considering the issue from all the points of angle, I do not find it a fit case to interfere with the petition at the instance of the writ petitioners.
The writ petition is accordingly, dismissed.
Order Date :- 3.8.2023
S Rawat
