Court No. - 33
Case :- WRIT - A No. - 14276 of 2021 Petitioner :- Dr Rajiv Agrawal Respondent :- State Of U.P. Through Its Secretary Higher Education And 5 Others Counsel for Petitioner :- Amit Kumar Srivastava,Abhishek Bhushan,Sr. Advocate Counsel for Respondent :- C.S.C.,Gagan Mehta,Vivek Kumar Rai
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has challenged advertisement no.50 issued by the Higher Education Services Commission, Allahabad, dated 15.02.2021, insofar as subject Commerce is concerned. At serial no.25 of the allied subject chart Commerce is shown as the subject and allied subjects are mentioned as Business Management and Administration. Advertisement is challenged on the ground that in the Statutes of the University Department of Commerce includes Business Administration, Accounts & Law and Applied Business Economics, whereas only Business Administration has been shown as allied subject in the advertisement. Contention is that failure on part of the respondents to include all three inter-discipline in the advertisement is bad in law.
Sri Gagan Mehta and Ms. Shambhavi Tiwari, learned counsels for the respondents and Sri Sharad Upadhyay, learned State Counsel states that the advertisement has been published only in terms of the requisition received by the Commission and it is not necessary that all three inter-discipline subjects are required to be necessarily included in the advertisement. It is also pointed out that petitioner otherwise possesses requisite qualification and has filed the present petition after the last date has expired for filling the application form has expired. It is also urged that petitioner since is already an Associate Professor as such he has otherwise no locus to challenge the advertisement.
Heard Sri Anil Bhusan, learned Senior Counsel assisted by Sri Amit Kumar Srivastava for the petitioner, learned counsel for the respondents and have perused the materials brought on record.
The advertisement is specific inasmuch as applications have been invited in different subjects for appointment in the recognized degree colleges affiliated to Universities established under the U.P. State Universities Act. The name of subject as also disciplines included therein have been mentioned in the advertisement. 68 posts of Associate Professor in Commerce have been advertised. The question as to who can apply for different disciplines would depend upon the requisition sent by the University received from concerned colleges. No illegality otherwise is shown in the advertisement. Petitioner has not been able to show as to how he is prejudice since the requirement to apply for the post is post-graduation which the petitioner otherwise possesses. In such circumstances and for the reasons noticed above, no good ground is made out to interfere with the advertisement.
Writ petition is, accordingly, dismissed.
Order Date :- 25.10.2021 Ashok Kr.