PRADEEP SHRIVASTAVA Vs. BARKATULLAH UNIVERSITY

JUDGEMENT

(1.) BOTH these writ petitions are founded on identical facts and question of law involved, being one and the same, they are being disposed of by this common order.

(2.) PETITIONER Dr. Pradeep Shrivastava (Petitioner No. 1 in W. P. No. 3832/99) is the Head of Department of Limnology in the Barkatullah University and claims to have teaching experience of 20 years at post graduate and M. Phil, level. Dr. Pramod Kumar Mishra (Petitioner No. 2 in W. P. No. 3832/99) is a Professor of Commerce and Director of C. R. I. M. in the Barkatullah University, Bhopal and claims to have experience of 25 years in teaching M. B. A. , M. Com. , B. Com. and M. Phil, classes. Dr. Nirmal Chand Jain (Petitioner No. 3 in W. P. No. 3832/99) is an Assistant Professor of Commerce and claims to have teaching experience of 23 years of B. Com. and M. Com. classes. Dr. Mohan Kumar Shrivastava (Petitioner No. 4 in W. P. No. 3832/99) is presently Reader and Head of Department of Law in the Barkatullah University. Dr. R. D. Singh (Petitioner in W. P. No. 3833/99) is presently Reader and Director of Environmental Management and Sustainable Development Programme and claims to have teaching experience of 14 years at post graduate level. Respondent No. 1, i. e. , Barkatullah University issued advertisement for recruitment to the various posts of Professors, Readers and Lecturers on 23-4-1999. In the said advertisement posts of Professor were not reserved and were open to all the candidates and were to be filled on consideration of merit alone. Representations were made by certain people that in view of the provision of the M. P. Lok Sewa Anusuchit Jati, Anusuchit Janjati or Anya Pichhade Vargo Ke Liye Arakshan Act, 1994, post of Professor ought to have been reserved for the members of the reserved category. Non reservation of the post of Professor was also brought to the notice of the M. P. Anusuchit Jati Commission, a statutory Commission constituted under the M. P. Anusuchit Jati, Anusuchit Jan Jati Tatha Pichhade Varg Ayog Adhiniyam, 1983. Commission by its communication dated 23-7-1999 informed to the respondent University that in the advertisement issued by the University, provision for reservation to the posts of Professor, Reader and Lecturer have not been made which is contrary to the reservation rule. Accordingly, Commission requested the respondent University to rescind the advertisement issued and issue fresh advertisement providing reservation to the members of the reserved category. In the light of the aforesaid direction of the Commission, respondent University issued fresh advertisement which was published in the daily news paper 'dainik Bhaskar' on 14-8-1999. According to this advertisement the posts of Professor in Management, Commerce, Limnology, Law and Environment Management were reserved for the members of the Scheduled Caste, Other Backward Classes, Scheduled Caste, Scheduled Tribe and Scheduled Caste respectively. Number of post advertised for each of the faculty is a single post.

(3.) IT is the stand of the petitioner that the post of Professor in each of the departments, referred to above, comprises of single post. This fact has not been controverted by the respondents in their return. In view of aforesaid, one has to proceed on the assumption that single post of Professor in different departments has been reserved for the members of the reserved categories. It is the stand of the petitioner that the post of Professor being single post cadre, same cannot be reserved for the members of the reserved category. However, according to the respondent-University, notwithstanding the fact that the post of Professor is a single cadre post still same can be reserved by rotation of roster.