A L KADRI Vs. GUJARAT AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The petitioners were employees of the Respondent No. 1-Gujarat Agricultural University. They have prayed for a direction for assigning deemed dates of seniority in the cadre of senior clerks in accordance with the rules which were in force in 1972 and for a further direction that the University should prepare the seniority lists of the cadre of senior clerks in accordance with the quota as prescribed by the said rules.

(2.) The petitioners were formerly working in the office of the Directorate of Agriculture as Junior clerks and were recruited during the years 1960 to 1970 The Gujarat Agricultural University Act 1969 (hereinafter referred to as the said Act) was enacted on 17-9-1965 with a view to establish and incorporate a University for the development of agriculture including animal husbandry and allied sciences in the State of Gujarat. The Gujarat Agricultural University however came to be constituted on and from 1-2-1972. Chapter III of the said Act provided for the officers of the University and Section 9 enumerates the Vice-Chancellor as one such officer. Under Section 12 the powers and duties of the Vice-Chancellor are prescribed and he is made the principal executive and academic officer of the University and ex-officio member and Chairman of the Board and of the Academic Council. The Vice-Chancellor exercises general control over the affairs of the University and also has such other powers as may be prescribed for carrying out the purposes and provisions of the Act. Under Section 23 of the Act it is inter alia provided that the method of recruitment and other terms and conditions of service of all employees of the University and their powers and duties will be such as may from time to time be determined by the Statutes. Section 26 which deals with powers and functions of the Board of Management inter alia provides that the Board has the power to approve the recommendations for appointment of officers teachers and other staff of the University in the prescribed manner and that it has also power to make amend or repeal the Statutes. Section 31 which deals with Statutes inter alia provides that the Statutes may provide for the manner of appointments and the conditions of service of the officers of the University method of recruitment and other conditions of service of various categories of employees of the University and the manner of appointment of teaching and other non-teaching staff. Under sub-section (3) of Section 33 Jurisdiction over the matters specified therein assigned to the Director of Agriculture and Animal Husbandry State of Gujarat and to other agencies of the State Government concerned with research of agriculture was to be transferred to the University in the manner as may be mutually agreed upon between the Board and the State Government. As provided by Section 34 (3) in order that the University may conduct educational activities as specified in the Act the State Government was required to transfer to the University the necessary personnel and funds in accordance with a plan to be mutually agreed upon between the Board and the State Government.

(3.) It appears that in view of the provisions of Section 34 (3) of the said Act envisaging transfer of the necessary personnel the petitioners who were working in the Directorate of Agriculture as junior clerks along with others were transferred to the University on and from 1-6-1972 as junior clerks. According to the petitioners the first Vice-Chancellor of the University recruited about 85 senior clerks between 1/06/1972 and January 1973 by direct recruitment though the statutory rules framed by the State Government for the purpose of recruiting senior clerks in the Directorate of Agriculture were in force and provided for a quota of two by promotion and one by direct recruitment.