VIDYA Vs. RASHTRASANT TUKDOJI MAHARAJ NAGPUR UNIVERSITY

JUDGEMENT

(1.) Rule. Made retunable forthwith by consent of parties.

(2.) The petitioners, University teachers, take exception to the provisions of ordinance No. 17 of 2006 dated 25th January, 2007 promulgated by Nagpur University to amend Ordinance No. 122 of the Nagpur university and consequential actions taken by respondent University's Management Council regarding seniority of university teachers coming from different streams.

(3.) The petitioners were appointed to various teaching posts in the university in pursuance of recruitment done by the university in accordance with Section 76 of the maharashtra Universities Act. Respondents no. 6 to 10 were appointed to various posts of readers and Professors under the Career advancement Scheme framed by University grants Commission and made applicable to teachers in Nagpur University. According to the petitioners, appointment to higher posts under the Career Advancement Scheme does not entitle such persons to claim parity with those appointed after a recruitment process, since such promotions under the Career advancement Scheme are not to any posts, but a personal status carried by the person concerned on completion of requisite number of years service in the lower cadre. Since the petitioners had been selected in a recruitment process and held a sanctioned post they had also become heads of their respective departments by virtue of seniority.