DR. TRILOKI NATH SINGH versus DR. BHAGWAN DIN MISRA AND ORS.

DR. TRILOKI NATH SINGH versus DR. BHAGWAN DIN MISRA AND ORS.

Hindi Language and Literature and Linguistics are entirely separate subjects of study under the Act and University prospectus. The Selection Committee for Reader in Linguistics must comprise experts in Linguistics; the appointment of experts in Hindi instead suffered from a serious legal infirmity. Explanation II to Section 31(5) only applies where a post is common to more than one subject, which was not the case here.

Parties
Appellant: Dr. Triloki Nath Singh; Respondent No. 1: Dr. Bhagwan Din Misra; Respondent: University of Lucknow
Jurisdiction
India
Judgment Date
10 August 1990
Procedural Posture
Civil Appeal / Appeal Against Allahabad High Court Judgment Disposing Writ Petition
Outcome
Appeal dismissed
Legal Topics
Selection Committee Composition, Panel of Experts, Separate Subject of Study Under University Statutes
Education Law Administrative Law Selection Committee Composition Panel of Experts Separate Subject of Study Under University Statutes

Case Brief

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Parties

Dr. Triloki Nath Singh

Appellant

Dr. Bhagwan Din Misra

Respondent No. 1

University of Lucknow

Respondent

Procedural Posture

Civil Appeal / Appeal Against Allahabad High Court Judgment Disposing Writ Petition

Legal Issues

  1. 1 Whether Hindi Language and Literature and Linguistics are separate subjects of study under the U.P. State Universities Act, 1973
  2. 2 Whether experts in Hindi Language and Literature can act as experts for selection of Reader in Linguistics
  3. 3 Applicability of Explanation II to Section 31(5) of the U.P. State Universities Act, 1973

Ratio Decidendi

Hindi Language and Literature and Linguistics are entirely separate subjects of study under the Act and University prospectus. The Selection Committee for Reader in Linguistics must comprise experts in Linguistics; the appointment of experts in Hindi instead suffered from a serious legal infirmity. Explanation II to Section 31(5) only applies where a post is common to more than one subject, which was not the case here.

Court Disposition

Appeal dismissed

Orders

  • Order of Allahabad High Court quashing recommendations of Selection Committee for appointment of Reader in Linguistics in Department of Hindi affirmed
  • No order as to costs