DR. ABDUL HAMEED FAZLI AND ANR . versus ADAM MALIK KHAN AND ORS.

DR. ABDUL HAMEED FAZLI AND ANR . versus ADAM MALIK KHAN AND ORS.

The procedure adopted by Aligarh Muslim University in preparing and maintaining a select/reserve list for the purpose of filling vacancies that arise after the originally advertised post is filled, is in violation of Section 29(2)(a) of the Aligarh Muslim University Act, 1920. All vacancies, whether permanent or temporary, must be filled in accordance with procedures that provide for open advertisement and selection, giving equal opportunity to all eligible candidates. The statutory scheme does not permit appointments from a reserve list for subsequent vacancies.

Parties
Petitioner: Dr. Abdul Hameed Fazli; Respondent: Adam Malik Khan; Respondent: M.M. Israily; Respondent: Ms. Sangeeta Kumar
Jurisdiction
India
Judgment Date
08 October 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate (decision on Slp)
Outcome
Special Leave Petition dismissed.
Legal Topics
University Appointments, Selection Procedures, Preparation of Select Lists, Temporary and Permanent Teaching Posts
Administrative Law Education Law University Appointments Selection Procedures Preparation of Select Lists Temporary and Permanent Teaching Posts

Case Brief

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Parties

Dr. Abdul Hameed Fazli

Petitioner

Adam Malik Khan

Respondent

M.M. Israily

Respondent

Ms. Sangeeta Kumar

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate (decision on Slp)

Legal Issues

  1. 1 Whether the University can validly prepare a select list and reserve list for appointments, and keep the list alive for vacancies arising due to retirement or other reasons, under Section 29 of the Aligarh Muslim University Act, 1920.

Ratio Decidendi

The procedure adopted by Aligarh Muslim University in preparing and maintaining a select/reserve list for the purpose of filling vacancies that arise after the originally advertised post is filled, is in violation of Section 29(2)(a) of the Aligarh Muslim University Act, 1920. All vacancies, whether permanent or temporary, must be filled in accordance with procedures that provide for open advertisement and selection, giving equal opportunity to all eligible candidates. The statutory scheme does not permit appointments from a reserve list for subsequent vacancies.

Court Disposition

Special Leave Petition dismissed.

Orders

  • The University is directed to fill up even temporary posts in accordance with the procedure prescribed under Section 29 of the Aligarh Muslim University Act, as expeditiously as possible, preferably within six months from receipt of the order.