RASHMI SHRIVASTAVA Vs. VIKRAM UNIVERSITY

JUDGEMENT

(1.) THESE two civil appeals arise out of a common judgment rendered by the High Court of Madhya Pradesh, Indore Bench on 23rd February, 1994. The High Court allowed two writ petitions against Vikram University and other contesting respondents. The contesting respondents after obtaining special leave to appeal from the Court have challenged the said common judgment of the High Court in these civil appeals.

(2.) A common question is involved in these appeals, namely, whether the University teachers who have been given merit promotion as Readers or Professors, as the case may be, can claim seniority over directly recruited Readers and Professors on the ground of continuous officiation in service as Readers or Professors. The High Court has taken the view that they are not entitled to claim such seniority and has accordingly allowed the writ petitions moved by the directly appointed Readers and Professors. The appellants before us are the promo tee Readers and Professors under the merit promotion scheme.

(3.) THIS appeal is moved by the appellant who was earlier working as Lecturer in the Department of Political Science in Vikram University, Ujjain. The said University, its Registrar and the Kulpati are respondents 1 to 3 in the appeal. A merit promotion scheme was formulated by the University Grants Commission (hereinafter referred to as 'Commission') which has been joined as respondent No.5 in this appeal pursuant to notice issued by this Court. The said scheme was promulgated in the year 1982. We will refer to the details of the said scheme III the latter part of this judgment. It is sufficient to say' at the stage that the scheme was to provide opportunities for professional advancement of teachers working in the University and who merit academic recognition. Such teachers were to be given promotion on merits and not on the basis of seniority.