Service Law-Appointment-Cut-off date for possession of requisite
educational qualification-Held-In absence of any rule or any specific date
having been fixed in advertisement, it would be last date for filing of
application-It was more so as possession of educational qualification was
mandatory, and could not be uncertain.
Banaras Hindu University Act, 1915-Sections 5, 6 and 17-Power of
Visitor-Held-Express power has been conferred upon Visitor to annul any
proceeding of University, only condition being that it should be not in
conformity with statutes or ordinances-Selection process of lecturer falls
within its scope, especially as it had to conform to Articles 14 and 16 of
Constitution of India, 1950 and terms of Act or statute or ordinances governing
the field-Ordinarily, principle of natural justice should be followed, but not
in case where no prejudice is shown, and following them would be a futile
exercise-On facts, held, as selection of lecturer was illegal since he was not
qualified on cut off date, it would have been futile for Visitor to give him
opportunity of being heard-Court could not invoke its equity jurisdiction
as Articles I 4 and 16 of the Constitution, and statutory rules were not
complied with-It was not a case appointment being irregular, but one of its
being non est in eye of law and a nullity.