DATTATRAYA AND OTHERS Vs. NAGPUR UNIVERSITY AND OTHERS

JUDGEMENT

(1.) "Merit-cum-seniority" or "seniority-cum-merit" ? Which of these two criterion can be validly applied in the matters of departmental promotions in respect of the non-teaching employees of (he Nagpur University (respondent No. 1), is a crucial common point that falls for determination in these two petitions filed by in all 8 superseded senior employees.

(2.) Nagpur University Service and Conditions of Employment Ordinance, 1967 ("Ordinance No. 32" for short) governs the service conditions. It is in force with effect from 1st April, 1968 and was made under Sec. 20 (1) (xx) of the Nagpur University Act, 1963 ("The old Act" for short). The relevant Clause 25 (a) of the Ordinance No. 32 relating to promotions read as under:-

(3.) The stand taken on behalf of the University and supported by the promotee-respondents is that the Ordinance No. 32 became a deemed "Statute" under the new Act and consequently, only the Senate and of the Executive Council could validly effect any amendment to the same and as the amendment was neither made by the Senate nor it received the previous assent of the Chancellor in terms of Sec. 38 of the new Act, it was not valid and hence the old clause prevailed. In order to appreciate this standpoint, it will be necessary to notice the scheme and so also some of the relevant provisions of the old as well as the new Act. First, the old Act. Sec. 15 gives the hierarchy of the authorities of the University. It reads thus ;