Ajay Kumar(Dr. ) v. Babasaheb Bhimrao Ambedkar University Thr Vicechancellor
2016-04-22
ASHOK PAL SINGH, NARAYAN SHUKLA
body2016
DigiLaw.ai
JUDGMENT Mr. Puskar Baghel, learned counsel for the petitoner as well as Mr. Rajesh Tiwari, learned counsel for the respondent University and Mr. Mahendra Kumar Mishra, learned counsel for the respondent No.3. 2. The petitioner has assailed the advertisement dated 2 March 2016 whereby a post of Professor in the Department of Law in the School for Legal Studies at Babasaheb Bhimrao Ambedkar (Central) University, Lucknow (in short B.B.A.U.) had been advertised. The petitioner while working as Professor in the Department of Law in the Banaras Hindu University (in short BHU) was appointed in Babasaheb Bhimrao Ambedkar (Central) University, Lucknow on 10 November 2008. He continued as such in the Babasaheb Bhimrao Ambedkar (Central) University, Lucknow till 6 November 2013, but since he was not confirmed in service in the University he returned back to parent University within the period of leave granted by BHU. 3. Now the, said post has been advertised a fresh, the petitioner has shown his anxiety against the advertisement of post with the submission that it was his right to be confirmed over the post, but despite several representations submitted to the competent authority they had not taken any decision in the matter of his confirmation. His further anxiety is that since he was not confirmed in Babasaheb Bhimrao Ambedkar (Central) University, Lucknow the same may be taken adversarial to his career in future. 4. Whereas Mr. Tiwari, learned counsel for the University has submitted that since the petitioner had left the University in 2013 itself he has no locus to challenge the advertisement as there is no reason to allow him to continue in the University. In so far as the petitioner's apprehension about his career is concerned, it has been submitted that the University may facilitate him by issuing a necessary certificate about his past performance in the University and for future career advancement also. It has further been submitted that during the course of his period of teaching in the University no adverse remarks have been there against him. 5. The aforesaid submissions are recorded with the observation that University shall issue a necessary certificate to the petitioner about its future career advancement within one month. Accordingly, we dispose of the writ petition finally.