VLSHWANATH VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India, filed by a Assistant Professor of a Government College, challenging the order dated 29-8-1962 (petitioner's Annexure-C), which was purported to have been issued from the office of the Director of Public Instructions and which, the 6th respondent, B. L. Goyal, was said to have signed for the Director of Public Instructions. According to the petitioner, the said order was not only in contravention of section 115 (7) of the States Re-organisation Act, 1956, but also on merits, it was bad inasmuch as it had given unjustified preference to members of the administrative services in the Education department over the members of the teaching side. The petitioner's contention has been that on account of this unwarranted and illegal action of the Director of Public Instructions, the respondents were unduly promoted ; while the petitioner being on the Teaching side in the Education department, had to suffer.

(2.) The respondent's contention is that the equation of posts on the administrative and the teaching sides had been correctly and legally made in accordance with the principles laid down by the Central Government and as such, there was no violation of section 115 (7) of the States Re-organisation Act, 1956, nor did this circular letter fixing the seniority of the two branches in the executive and the teaching side, in the services interfered with the seniority fixed by the Integration Order passed by the Central Government. That is the disputed question raised in the present writ petition.

(3.) Before referring to the facts and background of the present case, it may be relevant to reproduce the relevant portion of the impugned circular letter fixing the seniority. In that letter it was stated that it had been decided to prepare a seniority list of officers with M. Ed. and M. A. in Psychology qualifications working in the department. Therefore, the names of all the officers, gazetted and non-gazetted separately working under the heads of departments or institutions were directed to be sent and a list of seniority was to he compiled on that basis. As regards the basis, the directions in the circular letter were to the following effect :-