Page 3 of 15 Mohd.
Sohrab Khan was placed at serial No.
Since by the said judgment and order the High Court set aside the appointment of the appellant Merajuddin Ahmed but, however, as High Court did number grant a direction as sought for by Mohd.
Qualification that was laid down by the University as essential qualification was a First Class Masters Degree in the appropriate branch of teaching post in Humanities and Sciences.
Sohrab Khan filed the said Writ Petition challenging the aforesaid appointment and also seeking for a direction that he be appointed to the said post on the basis of his selection by the Selection Committee.
According to the advertisement issued by the University, post in Chemistry had fallen vacant and in order to fill up the said post, applications were invited.
Both Mohd.
Sohrab Khan, being aggrieved by the aforesaid order passed by the Aligarh Muslim University filed a writ petition in the High Court of Allahabad.
The University Authority, however, called both of them for the interview.
The Selection Committee which was companystituted for the purpose of selecting the suitable candidate selected Merajuddin Ahmad on the ground that he would be more suitable to the aforesaid post as he holds a Masters Degree in Industrial Chemistry which according to them would be best suited to teach the particular subject for the University Polytechnic, Aligarh Muslim University.
Page 1 of 15 The High Court by the said order allowed the Writ Petition filed by Mohd.
We have also heard the learned companynsel appearing for the Aligarh Muslim University.
Learned Counsel also submitted that since Mohd.
One of Page 2 of 15 the said posts which was advertised was the post of Lecturer in Chemistry in University Polytechnic, Aligarh Muslim University.
Sohrab Khan, therefore, two appeals came to be filed in this Court on which we have heard the companynsel appearing for the parties.
2 of 2004 dated 6.2.2004 whereby it called for applications for filling up about 79 posts in the University.
The University Authority accepted the aforesaid recommendation of the Selection Committee and issued an order of appointment in favour of Merajuddin Ahmad.
In order to deal with the companytentions raised in both the appeals, it would be necessary to deal herein with some of the relevant facts leading to the filing of the writ petition.
Sohrab Khan who was placed at serial No.
Sohrab Khan as also Merajuddin Ahmad submitted their applications to be companysidered as against the aforesaid post which was advertised namely Lecturer in Chemistry.
Aligarh Muslim University was founded by Central Act called the Aligarh Muslim University Act.
Aligarh Muslim University issued an advertisement through Advertisement No.
2 and the appointment of Merajuddin Ahmad Page 6 of 15 was found to be illegal and therefore number est and nullity, Mohd.
Sohrab Khan had a First Class Masters Degree in Chemistry Pure whereas Merajuddin Ahmad was holding a First Class Masters Degree in Industrial Chemistry.
Dr. Mukundakam Sharma, J. Leave granted.
The present appeals are directed against the judgment and order dated 3.7.2006 passed by the Division Bench of the High Court of Allahabad.
Sohrab Khan and set aside the Office Memo dated 20.05.2004 issued by the University regarding appointment of Merajuddin Ahmed, as a Lecturer in Chemistry in University Polytechnic, Aligarh Mulsim University, Aligarh.
By the companymon judgment and order, we propose to dispose of both the said appeals.
