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Service matter
U.P. State Universities Act, 1973 - S.25(1)(c), S.31(8)(a), S.53 – Filling of post of of Lecturer in ‘Karm Kand’ in the Department of Sanskrit in the University
Appointment – Qualification - The parameters to be applied to a case where an incumbent to a post does not fulfil the qualifications prescribed for a post, are different from the parameters to be applied to a case where no specific qualifications are prescribed for a particular post - The question as to what constitutes “relevant subject” should have been left to the experts, before the advertisement was issued, especially when the statutes did not prescribe any specific qualifications – This did not happen in this case - The expression “equivalent qualifications” has a different connotation than the expression “relevant subject” - In view of the fact (i) that the appellant has been teaching the very same subject for the past nearly 16 years; and (ii) that the original Selection Committee which found him eligible for appointment, comprised of Professors from the Department of Sanskrit of which the diploma course in ‘Karm Kand’ was a part, a direction is issued to the 5th respondentUniversity to regularise the services of the appellant
