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2015 (8) TMI 1434 - SC - Indian LawsAppointment of Respondent to the post of Associate Professor - case of respondent is that the selection was not done strictly as per the qualifications mentioned in the advertisement and that the Respondent No. 1-writ Petitioner having fulfilled all the requirements ought to have been selected to one of the three vacancies of Associate Professor - Held that: - From a reading of the necessary qualifications mentioned in the Rules and the advertisement, it is manifest that a candidate must have a good academic record with a doctoral degree with 5 years experience in research/teaching at University or National level research Institute. Held that: - The question as to whether a person who consciously takes part in the process of selection can turn around and question the method of selection is no longer res integra - In Dr. G. Sarana v. University of Lucknow and Ors. [1976 (7) TMI 168 - SUPREME COURT], a similar question came for consideration before a three Judges Bench of this Court where the fact was that the Petitioner had applied to the post of Professor of Athropology in the University of Lucknow. It was held in the case that the failure of the Appellant to take the identical plea at the earlier stage of the proceedings created an effective bar of waiver against him. The Division Bench has committed grave error in law by passing the impugned judgment reversing the order passed by the learned Single Judge. Appeal allowed - respondent has no case on merit - decided against respondent.
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