Allahabad High Court
Krishna Kant Verma vs University Of Lucknow Thru. Registrar ... on 26 August, 2025
Bench: Rajan Roy, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
High Court of Judicature at Allahabad
(Lucknow)
************************************
Neutral Citation No. - 2025:AHC-LKO:49931-DB
Reserved on:07.08.2025
Delivered on:26.08.2025
Court No. - 1
Case :- WRIT - A No. - 27062 of 2017
Petitioner :- Krishna Kant Verma
Respondent :- University Of Lucknow Thru. Registrar Lucknow And Ors.
Counsel for Petitioner :- Sandeep Dixit,Varadraj Shreedutt Ojha
Counsel for Respondent :- Savitra Vardhan Singh,Anurag Kumar Singh,Brijesh Kumar Shukla,Rajesh Tiwari
Hon'ble Rajan Roy,J.
Hon'ble Manish Kumar,J.
(Per : Rajan Roy, J.)
1. Heard Shri Varadraj Shreedut Ojha, learned counsel for the petitioner and Shri Rajesh Tiwari, learned counsel for the opposite parties.
2. By means of this writ petition the petitioner has sought the following reliefs:-
"b) to issue a writ order direction or mandamus directing the opposite parties to strictly adhered to the Government Order dated 08.04.2017 issued with the assent of chancellor under Section 50(6) of the U.P. State Universities Act 1973 contained in Annexure No. 9 to the writ petition.
c) to issue a writ, order or direction in the natures of certiorari quashing the impugned letters of the Chancellor dated 09.06.2017 after summoning the same and letter dated 16.06.2017 contained in Annexure No.-8 to the writ petition.
d) to issue a writ, order or direction in the nature of certiorari quashing the impugned decision taken by the Executive Council vide agenda item No.5 in its meeting held on 19.06.2017 contained in Annexure No.7 to the writ petition;
e) to issue a writ, order or direction in the nature of mandamus restraining the opposite parties not to give effect to the impugned letters of the Chancellor dated 09.06.2017 and 16.06.2017 as well as decision taken by the Executive Council vide agenda item No.5 in its meeting held on 19.06.2017;
f) to issue a writ, order or direction in the nature of certiorari quashing the advertisement no. R-29/2017 dated 28.08.2017 contained in annexure no. 13 to the writ petition.
g) to issue a writ, order or direction in the nature of mandamus restraining the opposite parties to make any selection on the post of Assistant Professor in the Department of commerce of Lucknow University in pursuance of Advertisement No. R-29/2017 dated 28.08.2017.
h) to issue a writ order or direction in the nature of mandamus directing the opposite parties to take a fresh decision in pursuance of recommendations made by the Selection Committee with regard to the appointments to be made in pursuance of Advertisement No. R-42/2015."
3. An interim order was passed on 15.11.2018 which reads as under:-
"Heard learned counsel for the petitioner, Sri Savitra Vardhan Singh, learned counsel representing respondent Nos.1 and 2 and Sri Brijesh Kumar Shukla, learned counsel representing respondent No.3.
All the respondents may file counter affidavit within four weeks. Petitioner will have two weeks thereafter to file rejoinder affidavit.
List this petition after expiry of the aforesaid period.
By way of supplementary affidavit, the petitioner has brought on the record fresh advertisement issued by the University on 28.8.2017 (Annexure A-1 to the Interim Relief Application) being Advertisement Nos.R-26/2017, R-27/2017, R-28 of 2017 and R-29/2017. The petitioner's case relates to Advertisement No.R-29 of 2017 i.e. for one other backward class candidate in Commerce Department. The petitioner is an other backward class candidate and as such one post of Assistant Professor (Commerce) under the backlog vacancy is relevant for consideration in this petition.
Having considered the submissions, we are of the view that selection process may go on with regard to advertisement of the posts covered under the recruitment notice dated 28th August, 2017 (Annexure A-1 to the Interim Relief Application) and the result may also be declared except for the one post of other backward class of Assistant Professor in the Commerce Department (Advertisement No.R-29 of 2017) till the next date of listing."
4. Earlier we had summoned the records of the Selection Committee to ascertain as to whether the petitioner had in fact been selected or not, as, if it was found that he had not been selected, then, we would not be required to consider the merits of the issues involved, however, the result revealed that he had in fact been selected. We accordingly passed an order on 13.05.2024 which reads as under:-
"1. Heard Shri Varadraj Shreedutt Ojha, learned counsel for the petitioner and Shri Savitra Vardhan Singh, learned counsel for the opposite parties.
2. Result of selection has been placed before us in a sealed envelop by Shri Savitra Vardhan Singh, learned counsel for the opposite parties.
3. We have perused the result of the selection which was held on 06.06.2017 wherein the petitioner- Krishna Kant Verma was found to have been selected for the Post No. 1, whereas, Aniksha Prakash was found selected for Post No. 2. Two other candidates were placed in the waiting list, one each for both the posts. In view of this, it is now necessary to consider this petition on merits.
4. List in the 2nd week of July, 2024.
5. Interim order to continue till the next date of listing.
6. The record which has been produced shall be returned after keeping a photocopy of it duly attested by Shri Savitra Vardhan Singh, learned counsel for the opposite parties and by us in sealed envelop before this Court."
5. The facts of the case in brief are that an advertisement bearing No.-R-42/2015 was issued by the Lucknow University inviting applications for appointment on various posts for different departments including the post of Assistant Professor in the Department of Commerce. Out of four such posts two posts were to be filled by candidates belonging to Other Backward Class category. The petitioner being fully eligible and qualified applied for the said post. On 07.04.2017 the Vice Chancellor, Lucknow University wrote to the Principal Secretary of the Chancellor of the University seeking permission to use the panel of subject experts provided vide letter dated 24.02.2016. A day thereafter i.e. 08.04.2017 the UGC Regulations on Minimum Qualification University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) (4th Amendment) Regulations, 2016 were notified on 11.07.2016 which came into effect from the date of their publication in the official gazette which obviously would be after 11.07.2016.
6. The fact of the matter is that the selection process was initiated by issuance of the advertisement on 11.08.2015 and thereafter, the subject matter expert was also requisitioned prior to publication of the said notification in the gazette. Another letter was written on 03.05.2017 to the Chancellor for granting permission for the subject matter experts. Ultimately, the Chancellor of the Lucknow University granted permission on 19.05.2017 for utilizing the panel of subject matter experts provided earlier vide letter dated 24.02.2016.
7. On 19.05.2017 Interview Letter was issued to the petitioner for appearing before the Selection Committee on 06.06.2017. The petitioner appeared before the Selection Committee. The recommendation of the Selection Committee was forwarded which was to be placed in the meeting of Executive Council of University scheduled on 19.06.2017 vide Agenda Note circulated on 05.06.2017, however, on 09.06.2017 i.e. prior to the meeting being held, the Chancellor of the Lucknow University wrote to the Vice Chancellor, Lucknow University cancelling the selection process. The said document has been annexed as RA No.-1.
8. The grounds on which the cancellation was done, were, firstly, the long gap since issuance of advertisement on 11.08.2015 and fundamental changes brought about in the qualifications for appointment of Teachers vide Government Order dated 08.04.2017. Now, the Government Order dated 08.04.2017 is annexed as Annexure No. 9 to the writ petition. This Government Order dated 08.04.2017 was issued in exercise of powers under Section 50(6) of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as 'the Act, 1973') adopting the aforesaid 4th Amendment Regulations, 2016, however, with a clear stipulation as under:-
"अधिसूचना संख्या-मि०सं०1-2/2016 (पीएस/संशोधन) दिनांक 11 जुलाई, 2016 द्वारा किये गये संशोधनों को उत्तर प्रदेश राज्य विश्वविद्यालय अधिनियम, 1973 की धारा-50 (6) के अन्तर्गत इस शासनादेश के निर्गत किये जाने की तिथि से उत्तर प्रदेश के राज्य विश्वविद्यालयों एवं महाविद्यालयों के सम्बन्ध में इस शर्त के साथ लागू किये जाने की सहर्ष स्वीकृति श्री राज्यपाल एतदद्वारा प्रदान करते हैं कि जिन पदों पर पूर्व नियमों/व्यवस्था के आलोक में चयन आदि की कार्यवाही पूर्ण हो गयी हो अथवा प्रचलित हो उन पर विज्ञापन की शर्तों आदि में अब परिवर्तन नहीं किया जायेगा।
कृपया विश्वविद्यालय के परिनियमों में उपर्युक्तानुसार प्राविधान विश्वविद्यालय स्तर पर समाहित कर लिये जायें तथा अनुपालन आख्या शासन को 15 दिन के अंदर उपलब्ध करायी जाय।"
9. It is not known as to when statues were actually amended by the University in pursuance to the aforesaid Government Order dated 08.04.2017 nor is there anything on record to suggest that on account of such non amendment of the statutes the State Government exercised its further powers under Sub-section 6 of Section 50 of the Act, 1973 to amend the same with the assent of the Chancellor of the Lucknow University. Nevertheless, it is not in dispute that this Government Order itself very clearly provided that selection process which had not been completed or were in operation, they would not be affected by the said Regulations. Therefore, for this reason also in view of what has already been observed earlier once the advertisement was issued on 11.08.2015 starting the selection process and the subject matter expert was also requisitioned prior to 08.04.2017, when, the Government Order was issued, the said process remained unaffected by the said Government Order and the Regulations which had not been made applicable to the University by then. In fact, the selection process had started even prior to Notification of the 4th Amendment Regulations, 2016. Thereafter, on 16.06.2017, in response to a letter of the Vice Chancellor dated 14.06.2017 by which he had sought permission for the Executive Council to open the recommendation of the Selection Committee, the Chancellor vide order dated 16.06.2017 informed the Vice Chancellor inter alia that the selection process had been held after issuance of the Government Order dated 08.04.2017.
10. As regards the plea taken in the letter dated 14.06.2017 by the Chancellor that as per the resolution of the Executive Council dated 13.11.2019 the time limit for acting upon the advertisements issued for Teaching Course was two years, it was stated that once the qualifications had been fundamentally changed it would not be proper to finalize the selection. Reference was made to Statute 11.01(g), according to which, regulations of the UGC were applicable for selection of Teachers. Accordingly, the Vice Chancellor was directed to cancel the selection process and not to open the sealed envelop in the Execution Council meeting. This order is also under challenge in this writ petition.
11. It is relevant to point out that in the letter dated 14.06.2017 the date of selection for the post in question has incorrectly mentioned as 06.05.2017. In fact, it is 06.06.2017 i.e. on 06.06.2017 selection process had been completed and result handed over to the Registrar in sealed envelop. Consequent to the aforesaid letters/orders of the Chancellor, the Executive Council on 19.06.2017 canceled the selection process. The post in question was re-advertised on 28.08.2017 which is also impugned herein. There is an interim order dated 15.11.2018 operating by which the post in question was ordered to be kept vacant.
12. The contention of the petitioner's counsel in nutshell was firstly that the selection process had been initiated on 11.08.2015 when the advertisement was issued. The subject matter expert had also been requisitioned prior to issuance of the Government Order dated 08.04.2017 by which the State Government directed the Lucknow University to amend the statute so as to make the 4th Amendment Regulations, 2016 made by the UGC applicable to the recruitment of teachers and the said Government Order itself carved out two exceptions to the application of the said Regulations, firstly, selection process which had already been concluded, secondly, those which were in process and, the case at hand fell in the second exception, therefore, the reliance placed by the Chancellor upon the said Government Order dated 08.04.2017 is absolutely misconceived and irrelevant. Thirdly, the other reason given by the Chancellor that the selection process had taken long, therefore, in view of the fundamental changes in the qualification by the 4th Amendment Regulations, 2016 issued by the UGC, the selection process should be canceled, is again not sustainable for the reason that the Executive Council in its meeting held on 13.11.2019 had clearly resolved that the time limit for selection in pursuance to an advertisement would be two years, which, in fact, had not expired in this case and selection process had been completed on 06.06.2017 and the Executive Council meeting to consider the result of the selection had been scheduled on 19.06.2017 i.e. within the period of two years. But for the impugned orders passed by the Chancellor the result of the selection would have been considered by the Executive Council. Fourthly, the submission was that it is not a case where by the 4th Amendment Regulations, 2016 the UGC had introduced any new qualification for recruitment as teachers which the petitioner did not possess. In this context, the petitioner submitted that the petitioner possess all the qualifications prescribed in the Regulations of 2010 as amended in 2016. The only change brought about was with regard to 5% relaxation to OBC candidates and certain procedure for recruitment involving API Scores, but, there was no change so far as the qualifications are concerned. The petitioner possess the qualifications of B.Com with 60.40% marks (1st Division), M.Com with 63.30% marks (1st Division). He had qualified the National Eligibility Test (NET) conducted by the UGC on 25.03.2013 and 15.06.2015 as also the JRF Test on 15.06.2016 conducted by the UGC.
13. It was also his submission that Chancellor had no jurisdiction or authority to issue the letters/orders dated 09.06.2017 and 16.06.2016 under the U.P. State Universities Act, 1973. The Government Order dated 08.04.2017 had statutory force being referable to Sub-section 6 of Section 50 of the Act, 1973, therefore, the letters of the Chancellor could not be supersede the same. None of the conditions prescribed under Section 31(8)(a) were present for interference of the Chancellor in the selection process. The consequential decision of the Executive Council dated 19.06.2017 is based on letters of the Chancellor which itself was without jurisdiction and even otherwise unsustainable on facts and in law, as such, all the impugned decisions and actions itself are liable to be quashed including the re-advertisement of the post in question. Reliance was placed in this regard upon the judgments of Hon'ble the Supreme Court rendered in the case of Neelima Shangla Vs. State of Haryana and Ors. reported in 1986 (4) SCC 268; Shankarsan Dash Vs. Union of India reported in (1991) 3 SCC 47; East Coast Railway and Anr. Vs. Mahadev Appa. Rao and Ors. reported in (2010) 7 SCC 678; Shaik Mahaboob John Vs. The High Court of Andhra Pradesh and Ors.; Writ Petition No. 8648 of 2019 dated 10.05.2024 and A.P. Public Service Commission Hyderabad Vs. B. Sarat Chandra and Ors. reported in (1990) 2 SCC 669.
14. Per contra Shri Rajesh Tiwari, learned counsel appearing for the Chancellor submitted that the selection for all effective purpose had not been initiated prior to 08.04.2017, therefore, once the said Government Order was issued the same was liable the to be canceled, especially as, fundamental changes had been brought about by the 4th Amendment Regulations, 2016 introducing an API Score System etc. As regards power of the Chancellor to issue such letters/ orders he referred to Section 10 of the Act, 1973 by which the Governor shall be the Chancellor of the University and he shall by virtue of his office be the head of the University. The term head of the University, according to him, had been considered by a Division Bench of this Court in Writ Petition No. 2032 (M/B) of 2017, wherein, wide powers had been vested him, however, we must put it on record that it was not a case of cancellation of selection rather taking of some action on certain irregularities. He also relied upon the Government Order dated 08.04.2017 to submit that though, the said Government Order was applicable with immediate effect from the date of its publication in the gazette, but, the selection process had not started effectively by then, however, he could not put forth any precedent or authority to contradict the legal position that once the advertisement is issued the recruitment/ selection process is set in motion nor that prior to 08.04.2017 the subject matter experts had been requisitioned and the permission was also granted by the Chancellor in this regard.
15. On account of an interim order dated 15.11.2018 the post of Assistant Professor in the Department of Commerce, Lucknow University, which was advertised on 28.08.2017, remains unfilled.
16. After hearing the learned counsel for the parties and perusing the records what comes out is firstly that the selection process for appointment on the post of Assistant Professor in the Department of Commerce under the OBC Category had been initiated on 11.08.2015 i.e. much prior to the 4th Amendment Regulations, 2016 and issuance of the Government Order dated 08.04.2017 by which the said Regulations were to be made applicable to the Lucknow University on amendment of the relevant statues in this regard. As already stated, there is nothing on record to show that the statues were amended by the University and or that in the absence of such amendment the State Government amended the same with the assent of the Chancellor, nevertheless, even if, the Government Order dated 08.04.2017 is taken as it is, the fact remains that the selection process had started much earlier. As regards the reasoning given by the Chancellor that it had not been completed for a long time there is a resolution dated 13.11.2019 of the University, according to which, the time limit of two years was fixed for completing the selection in pursuance to advertisement.
17. As regards the authority or jurisdiction of the Chancellor to issue such letters, even assuming that this could have been done under Section 10 of the Act, 1973, we are of the opinion that the reasons given in the letters/ orders of the Chancellor are not sustainable on facts and in law, firstly, on account of resolution of the Executive Council dated 13.11.2019 the advertisement would remain in operation for two years and in this case the selection process had been completed in the sense that the Selection Committee had prepared the result and forwarded it to the Registrar on 06.06.2017 and meeting of the Executive Council was fixed on 19.06.2017 for considering the results, but, before it could take a decision, impugned orders were passed by the Chancellor stalling the decision by the Executive Council. We have already observed that the petitioner was selected at Serial No. 1.
18. It is nobody's case that the petitioner did not or does not fulfill any of the educational qualifications prescribed for the post of Assistant Professor (Commerce) in the Lucknow University as per the Regulations, 2010 as amended in 2016. The 4th Amendment Regulations, 2016 by which the Regulations of 2010 have been amended, was not automatically applicable to the Lucknow University unless and until the statutes were amended as already discussed hereinabove for which the Government Order was issued for the first time on 08.04.2017. Most important the Government Order itself excluded such selections which were already in process from application of the said Regulations, therefore, clearly the selection process in question was not covered by the Government Order dated 08.04.2017 nor the 4th Amendment Regulations, 2016. This apart, as already stated, it is nobody's case that the petitioner, who had appeared in the selection, did not fulfill any of the qualifications prescribed for the post in question. In spite of it, we have perused the 4th Amendment Regulations, 2016 and do not find any fundamental changes in the qualifications to the post in question.
19. The post has remained vacant for quite sometime and the very object, which was sought to be achieved allegedly by the letters of the Chancellor, stands defeated. An eligible and qualified person has been denied the opportunity to be considered for appointment because of the impugned letters which we can not sustain for the reasons already given hereinabove. The 4th Amendment Regulations, 2016 are not retrospective, a legal position which was accepted by the learned counsel for the Chancellor.
20. The petitioner entered the portals of this Court immediately after passing of the impugned letter/orders i.e. on 08.11.2017, therefore, he can not be faulted if the writ petition has remained pending since then, especially as, the interim order dated 15.11.2018 protected his rights.
21. For all these reasons we are of the opinion that the letters/orders of the Chancellor impugned herein are liable to be quashed. They are, accordingly, quashed. The consequential decision of the Executive Council taken on 19.06.2017 is also quashed. Re-advertisement of the post in question vide Advertisement No. R-29/2017 dated 28.08.2017 as far as it relates to the post of Assistant Professor (Commerce) is hereby quashed. Let a writ of certiorari be issued accordingly. The Executive Council of the Lucknow University is, now, directed to open the sealed cover containing the result of the selection referred hereinabove and take a decision as per law regarding appointment to the post of Assistant Professor (Commerce) at the earliest, say, within a period of six weeks from the date a certified copy of this judgment is submitted.
22. The writ petition is allowed.
(Manish Kumar,J.) (Rajan Roy,J.)
Order Date :- 26.8.2025
R.K.P.
