SUBHASH CHANDRA BOSE Vs. CHANCELLOR GORAKHPUR UNIVERSITY LUCKNOW

JUDGEMENT

(1.) PALOK Basu, J. This writ petition has been directed against the Chancel lor's decision, dated 30-11-1994 whereby the order of the Executive Council of Gorakhpur University, dated 14-5-1994 concurring with the Seniority Com mittee's decision, dated 23-1-1994 has been upheld and the respondent No. 5 Dr. J. P. Tripathi has been held to be senior to the petitioner Dr. S. C. Bose.

(2.) THIS litigation has been on for quite some time past now. When this writ petition was moved, the caveator-counsel was heard in opposition and all learned counsel for the parties prayed for expeditious disposal of this writ petition and, therefore, it is being finally decided after exchange of affidavits by all concerned parties. Dr. R. G. Padia on behalf of the petitioner, Sri B. S. Pandey, learned counsel on behalf of opposite party No. 5, Dr, J. P. Tripathi have been heard at considerable length, Sri S. N. Upadhyaya, assisted by Sri Ramesh Upadhyaya has been heard on behalf of the Chancellor and Gorakhpur University. Sri D. R. Chaudhary, Standing Counsel has espoused the cause of the State. Along with hearing the learned counsel, all the documents filed along with the petitions, counter-affidavits, rejoinder affidavits and supplementary affidavits have been thoroughly examined.

(3.) LIKEWISE, it is also permitted that Dr. J. P. Tripathi was appointed as a Lecturer in English in Gorakhpur University 00 15-1-1974. He too pre viously worked as Lecturer in D. A. V. P. G. College Azamgarh from 16- 7-1960 to 14-1-1974. He was, however, granted promotion to the post of Reader on 24-2-1985, not as a result of direct open selection by the Selection Committee, but under the "personal Promotion Scheme,". It is again not in dispute that under the First Statutes, the qualifications concerning personal promotions came to be passed and promulgated with effect from 25-2-1985 which was made possible by adding Section 31-A in the State Universities Act.