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G. SARANA vs. UNIVERSITY OF LUCKNOW & ORS.

SCR Citation: [1977] 1 S.C.R. 64
Year/Volume: 1977/ Volume 1
Date of Judgment: 28 July 1976
Petitioner: G. SARANA
Disposal Nature: Appeal Dismissed
Neutral Citation: 1976 INSC 160
Judgment Delivered by: Hon'ble Mr. Justice Jaswant Singh
Respondent: UNIVERSITY OF LUCKNOW & ORS.
Case Type: CIVIL APPEAL /861/1975
Order/Judgment: Judgment
1. Headnote

Doctrine of waiver - Bar of waiver, whether applicable to later grievance against 'bias'.

Constitution of India, Article 226 - When alternative remedies available, whether writ petition maintainable.

The appellant and respondent No. 8 applied for the vacant post of Professor of Anthropology in the Faculty of Arts, in answer to an advertisement put up by the Lucknow University. A selection committee of five persons including three experts, interviewed them and recommended respondent No. 8 for the post. The appellant's writ petition challenging the recommendation was dismissed by the High Court. The appellant contended before this Court that two of the expert members of the selection committee were unduly biased against him and in favour of respondent No. 8. The appeal was contested on two grounds. Firstly, that by submitting to the jurisdiction of the selection committee, the appellant had waived his right to denounce its constitution, and secondly, that the impugned recommendation being an interlocutory proceeding against which alternative remedies were available, the writ petition was not maintainable.

Dismissing the appeal, the Court.

2. Case referred
3. Act
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4. Keyword
  • Doctrine of waiver-Bar of waiver
  • whether applicdble to later grievance against 'bias'. Constitution of India
  • Article 226-When alternative remedies available
  • whether writ petition maintainable.
5. Equivalent citation
    Citation(s) 1976 AIR 2428 = 1976 (3) SCC 585 = 1976 (3) Suppl. SCC 585 =