THE VICE CHANCELLOR, UNIVERSITY OF ALLAHABAD AND ORS. versus DR. ANAND PRAKASH MISHRA AND ORS.

Citation: [1996] SUPP. 10 S.C.R. 175 · Decided: 16-12-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

THE VICE CHANCELLOR, UNIVERSITY OF ALLAHABAD AND A 
ORS. 
v. 
DR. ANAND PRAKASH MISHRA AND ORS. 
DECEMBER 16, 1996 
(K. RAMASWAMY AND G.T. NANAVATI, JJ.] 
U.P. Public Services (Reservation of Scheduled Castes, Scheduled 
Tribes and Backward Classes) Act, 1994: Sections 1(2), 2(c), 3, 4, 6 and 15 
B 
and Explanation. 
C 
Service Law-Scheduled Castes/Scheduled Tribes and Backward Clas-
ses-Reservation 
in favour of-Provisions for-Implementation 
of-Provisions of Act. 
U.P. State Universities Act, 1973 : 
Section 68-University-Direction for appointment given by Chancel-
lor-Validity of 
Service Law-Selection process-:-lnitiation of-Must be in accordance 
D 
with the law existing as on the date of selection. 
E 
Se1vice Law-Select list-Rights of candidates on panel. 
Law-Power of Legislature to make law with retrospective effect. 
Mandamus--Cannot be issued in violation of law. 
F 
Allahabad University-Recruitment to various post~Initiation of 
process--Coming into force of Reservation Act of 1994-Act providing for 
reservation in favour of SC/ST and backward classes-Duty of specified 
officer to ensure compliance with provisions--Consequently on the basis of G 
implementation of provisions of Act fresh advertisement issued for appoint-
ment of two Reader~Representation made by ·respondents-Direction by 
Chancellor to appoint respondent~Validity of-Held the process of selection 
to the post of Reader involves only interview-Thereby, the process of selection 
was initiated after the Act had come into force without applying the provisions 
of sub-section (1) of Section 3 of the Act-Therefore, the process of selection H 
175 
176 
SUPREMECOURTREPORTS[1996] SUPP. lOS.C.R. 
A and preparation of merit list was in violation of the provisions of the Act-The 
process of selection must be in accordance with the law existing as on the 
date ofselection:-Keeping a candidate in the waiting list does not confer any 
vested 1ight in his favour much less indefeasible right-The Vice-Chancellor, 
therefore, was obliged under the Act and vested with duty and right in taking 
B action to have the vacancies notified applying Section 3(1) of the Act for 
recruitment in accordance with law-The process of selection having started 
prior to that date was required to be dealt with as per pre-existing law-The 
selection, after the coming into force of the Act was to be made by applying 
Section 3(1)--Ihe direction issued by the chancellor to make appointment of 
the respondents, though under the provisions of Section 68 of the Universities 
C Act was in violation of the Act since Section 3( 1) has been made applicable 
with retrospective effect from December 11, 1993. 
Shankarsan Dash v. Union of India, [1991] 2 SCR 567; State of 
Andhra Pradesh v. T. Ramakrishna Rao & Ors., (1972] 4 SCC 830; State of 
Haryana v. Subash Chander Marwaha & Ors., (1974] 1 SCR 165; Union 
D Territory of Chandigarh v. Dilbagh Singh & Ors., [1993] 1 SCC 154; Nagar 
Mahapalika, Kanpur v. Vinod Kumar Srivastava & Ors., AIR (1987) SC 847; 
N.T. Bevin Katti v. Kamataka Public Service Commission & Ors., AIR (1990) 
SC 1233 and Babita Prasad & Ors. v. State of Bihar & Ors., (1993] Supp. 3 
sec 268, relied on. 
E 
F 
G 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 16980 of 
1996 Etc. 
From the Judgment and Order dated 16.8.95 of the Allahabad High 
Court in C.M.W.P. No. 19104 of 1995. 
P.P. Rao, Aseem Mehrotra and AP. Medh for the Appellants. 
AP. Singh and A Sharan for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. We have heard learned counsel on both the sides. 
Prior to December 12, 1993, the appellant had initiated the process 
of selection to various posts in the appellant university. The UP Public 
Services (Reservation of Scheduled Caste, Scheduled Tribes and Backward 
H Classes) Act 4 of 1994 (for short, the 'Act') came into force with effect 
~ 
VICECHANCElLOR, UNIVERSITYOFALLAHABADv. DR AP.MISHRA 177 
from March 22, 1994. By operation of Section I (2), the Act came into force A 
from December 11, 1993, i.e., the date on which Ordinance was issued. 
Secti.on 2( c) of Act defines "public services and posts" to mean the services 
and posts in connection with the affairs of the State and includes services 
and posts in clause (iv) which is as under : 
"(iv) an educational institution owned and controlled by the State B 
Government or which receives grants in aid from the State Govern-
ment, including a university established by or
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