LexDR. ABDUL HAMEED FAZLI AND ANR . versus ADAM MALIK KHAN AND ORS.
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\ ' ) ./ . . DR. ABDUL HAMEED FAZLI AND ANR . A v. ADAM MALIK KHAN AND ORS. OCTOBER 8, 1996 [K. RAMASWAMY AND G.B. PATTANAIK, JJ.] Aligarh Muslim U11iversity Act, 1920 : S. 29---Selectio11 011 post of Lecture1~Adve1tiseme11t for selectio11 to 011e pennanent post of Lecturer issued---Selectio11 Committee conducted selection C and selected a temporary lecturer worki11g in the Faculty against the post-Committee also selected three more persons a11d kept them i11 reserve list-Person at serial No. 1 i11 the list was later appointed-Appointment challenged-High Co wt held that procedure adopted by the University for preparation of select list and keeping it alive for filling up vacancies arising due to retirement etc. was in violatio11 of s. 29(2)(a)c-Held, the view taken by D the High Court is perfectly legal a11d unexceptionable-The University is directed to fill up eve11 temporary posts in accordance with the procedure prescribed under s.29 . Asl10k &mar & Ors. v. Chaimian BSRB & Ors., [1996] 1 SCC 283; E Union of India v. lshwar Si11gh Khat1i, [1992] SCC (L & S) 999; State of Bihar v. Secretariat Assista11ts Successful Examinees Union, AIR (1994) SC 736 and Prem Si11gh & Ors. v. Harya11a State Elect. Board & Ors., JT (1996) 5 SC 219, relied on. Dr. Uma Kant & A11r. v. Dr. Bhika Lal Jain & Ors., [1991] Supp. 1 p SCR 415, held inapplicable. CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) No. 19827 of 1996. From the Judgment and Order dated 4.9.96 of the Allahabad High G Court in C.M.W.P. No. 38618 of 1994. Bimal Roy J ad· for the Petitioners. Vijay Bahuguna, M.M. Israily and Ms. Sangeeta Kumar for the Respondents. H 317 318 SUPREMECOURTREPORTS (1996]SUPP. 7S.C.R. A The following Order of the Court was delivered : This Special Leave Petition has been filed against the judgment and · order of the High Court of Allahabad made on September 4, 1996 in MCWP No.38618/94. B The admitted position is that for one permanent post of lecturer in Islamic studies in the Department of Islamic Studies of Aligarh Muslim University, Al.igarh an advertisement was issued pursuant to which the writ petitioners 1, 3 and 4, Research Scholars in the same Department, together with the petitioner and another applied for selection. The Selection Com- C mittee constituted by the University conducted the selection and one Abdul Hameed Fazli, a temporary lecturer was selected and posted against the said vacancy on May 19, 1994. The same Committee selected three more persons including the petitioner and kept them in the reserve list. When the temporary vacancy had arisen the petitioner came to be appointed in the said post. D The respondents filed the writ petition in the High Court questioning the appointment of the petitioner and the very power of the Executive Committee and the Selection Committee to prepare the select list and keep a reserve list for appointment against vacancies without resorting to the E selection as contemplated under Selection 29 of the Aligarh Muslim University Act. The Division Bench of the High Court had held that the procedure adopted by the University in constituting a committee for recommendation under resolution Item No. 58 and recommendation of that Committee for preparing select list and keeping that list alive for filling up the vacancies arising due to retirement etc. are in violation of Section F 29(2)(a) of the Act and that, therefore the resolution and the action of the Executive Council were ultra vires the power. Thus, this special leave petition. Shri Bimal Roy Jad, learned counsel for the petitioner, strenuously G contended that the view taken by the High Court is incorrect. Section 29(2) does not prohibit preparation of a reserve list for appointment to meet the: contingency of filling up the vacancies that would fall due to permanent incumbent's going ·an deputation or on his· retirement etc.; t~e selection process would be a tardious process taking longs period for selection of the candidates and if the vacancies are kept unfilled, the student com- H munity would stand to lose their classes. With a view to avoid such [ ' ) - --/ ABDULHAMEEDFAZLlv.ADAMMAUKKHAN 319 contingency the Executive Council had resolved to recommend the proce- A dure to be followed as policy pursuant to which it was resolved to prepare a reserve select list of candidates to fill up the vacancies that would have arisen. Since a vacancy had arise
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