G. SARANA versus UNIVERSITY OF LUCKNOW & ORS.

Citation: [1977] 1 S.C.R. 64 · Decided: 28-07-1976 · Supreme Court of India · Bench: A.N. RAY · Disposal: Dismissed

Cited by 7 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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64 
G. SARANA 
v. 
UNIVERSITY OF LUCKNOW & ORS. 
July 28, 1976 
[A. N. RAY, C.J., M. H. BEG AND JASWANT SINGH, JJ.] 
Doctrine of waiver-Bar of waiver, whether applicdble to later grievance 
against 'bias'. 
Constitution of India, Article 226-When alternative remedies available, 
whether writ petition maintainable. 
The appellant and respondent No. 8 applied for the vacant post of Professor 
of Anthropology in the Faculty of Arts, in answer to an advertisement put 
up by the Lucknow University. A selection committee of five persons including 
C · three experts, interviewed them and recommended respondent No. 8 for the 
post. 
The appellant's writ pet.ition challenging the recommendation was dismissed 
by the High Court. The appellant contended before this, Court that two of 
the expert members of the selection committee were unduly biased against him 
and in favour of respondent No. 8. The appeal was contested on two grounds. 
Firstly, that by submitting to the jurisdiction of the selection committee, the 
appellant had waived his right to denounce its consrituti©n, and secondly, that 
the impugned recommendation being an jnterlocutory proceeding against \vhich 
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alternative remedies were available, the writ petition was not maintainable. 
Dismissing the appeal, the Court, 
. HELD : . 1. Despite the fact that the appellant knew all the relevant facts, 
he seems to have voluntarily appeared before the committee and taken a chance 
of having a favourable recommendation from it. Having done so, it is not 
now open to him to turn round and· question the constitution of the committee. 
[70 A-BJ 
Manak Lal v. Prem Chand [1957] SCR 575=AIR 1957 S.C. 425, applied. 
Linahan [19431 138 F. 2nd 650; A. K. Kal"ipak v. Union of India [1970] 1 
SCR 457=AIR 1970 SC 150; Nageslnvar Rao v. State of A.P. [1960] 1 SCR 
580=AIR 1959 SC 1376; S. Parthararathi v. State of Andhra Pradesh [1974] 
l SLR 427; Farooq Ahmad Bandey and Ors. v. Principal Regional Engineering 
College & Anr. [1975] J&K L.R. 427; Principles of Administrative Law by 
J. A. G: Griffith and H. Street (4th edition) and 'Judicial Review of Adminis-
trative Action' (3rd Edition) by Prof. S. A. De Smith, referred to. 
2. The recommendation of the selection committee has still to be scrutinised 
by the Executive Council of the University and either accepted or rejected by 
it, and other remedies by way of representation to the Executive Council aad 
an application for reference of the matter under s. 68 of the Uttar Pradesh 
Universities (Re-enactment and Amendment) Act, 1974, to the Chancellor are 
still open to the appellant and have not been exhausted. The writ petition or 
the present appeal before us is not maintainable. po 0-D] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 861 of 1975. 
(Appeal by Special Leave from the Judgment and Order dated 
31-3-1975 of the Allahabad High Court (Lucknow Bench) in 
writ 
petition, No. 405 of 1974;.) 
A. K. Sen and S. K. Bisaria, for the appellant. 
C. P. Lal, for respondents. 1-3. 
Yogesh1w1r Prasad and R. N. Trivedi, for re!lpondents No. 8. 
The Judgment of the Court was delivered by 
JASWANT SINGH, J. This appeal by special leave is directed against 
the judgment and order dated March 31, 1975, of Lucknow Bench of 
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G. SARANA v. UNIVERSITY OF LUCKNOW (Jaswant Singh, !.) 
65 
1hc Allahabad High Court dismissing the writ petition No. 405 of 1974 
filed by the appellant challenging the recommendation made by a Selec-
tion Committee of the Lucknow University (hereinafter referred to as 
'the University') for appointment of respondent No. 8 as Professor of 
Anthropology in the Faculty of Arts of the University. 
The facts giving rise to this appeal are : Towards the end of the 
year 1973, the University put up an advertisement inviting applications 
from candidates possessing the following qualifications to fi!I up a 
vacant post of Professor of Anthropology :- · 
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"Essential : · First or high second class Master's degree 
and Doctorate in the sub.iect concerned with a good acade-
mic record, experience of teaching post-graduate classes for 
not less than 7 years and/or having conducted and success-
fully guided research wprk for 7 years in recognised institu-
tion and having published work of high standard in the sub-
ject concerned." 
Preferential : High academic distinctions." 
The appellant and' respondent No. 8 were the only two candidates · 
who applied for the post in response

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