BIRENDRA KUMAR NAYAK Vs. REGISTRAR UTKAL UNIVERSITY

JUDGEMENT

(1.) PETITIONERS in this batch of Writ Petitions were appointed as Professors in different Post Graduate Departments of Utkal University under Career Advancement Scheme, introduced by the University Grants Commission and adopted by the State Government as well as the University, with effect from 31.12.1999 pursuant to the decision of the Syndicate dated 27.6.2001. They are aggrieved by and call in question the Order dated 3.1.2004 of the Registrar, utkal University reverting and placing them in the grade of Readers in their respective Departments with retrospective effect from 31.12.1999 on the ground of adverse entry in their A.C.Rs. in view of the order of the Chancellor of the University. On the prayer and consent of the Learned Counsel for the parties, since common question of law and almost similar set of facts are involved in all the Writ Petitions, they were heard analogously and are disposed of by this common judgment.

(2.) THE undisputed fact of these cases is that the petitioners were appointed as Readers in their respective departments, being duly selected by the Selection Committees and appointed by the Syndicate of Utkal University (hereinafter called 'the University'). On introduction of the Career Advancement Scheme by the University Grants Commission (hereinafter called 'the U.G.C.') and adopted by the Government of Orissa in its Resolution No. 653412/HE/I HE/UM 36/99 dated 31.12.1999 the University issued advertisement on 20.3.2001 inviting application from eligible candidates seeking promotion under the Career Advancement Scheme. The petitioners having applied for the posts of Professors in the respective departments, they were called to the interview. Petitioners were promoted by the Syndicate of Utkal University being duly recommended by the Selection Committee constituted in accordance with the stipulations of the U.G.C. and the Orissa Universities Act and the Statute made thereunder. Petitioners however were granted promotion retrospectively from 31.12.1999. Thus petitioners enjoyed privileges and status of Professors in their respective departments till 4.1.2004 when they were served with the notices that they are reverted and placed in the grade of Readers with effect from 31.12.1999 purportedly on the ground of adverse entries in their A.C.Rs. as found by the Chancellor of the University. No such adverse entry however was ever communicated to them either before or even after the order dated 4.1.2004.

(3.) THE opposite parties i.e. the Utkal University, its functionaries and the Chancellor, in their counter affidavits filed separately, have denied the allegations and the claim of the petitioners more or less on the same ground, except on some factual aspects. It is their case that the Chancellor of the University, in view of the provision of Sub section (9) of Section 5 of the Act is vested with the power to issue directions or instructions not inconsistent with the provisions of Act and the Statutes made thereunder, on any matter connected with the University, when any authority or the Vice Chancellor fails to act in accordance with the provisions of the Act, the Statutes or the Regulations.