DR. NIRBHAI SINGH Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) In response to an advertisement issued by the Punjabi -University Patiala (in short the University) dated 25th April 1990 for one post of Professor each in the Department of Religious Studies Guru Granth Sahib Studies and Bhai Jodh Singh Chair of Sikhism. Petitioner, Dr. Nirbhai Singh, Respondent No. 4 Shri Balkar Singh and Respondent No. 6. Dr. Jodh Singh were selected and appointed on 26th Dec., 1990, as Professor of Religious Studies, Professor Guru Granth Sahib Studies and Professor of Bhai Jodh Singh Chair of Sikhism, respectively. The dispute is regarding the determination of their seniority as Professor as it is on the basis of the seniority that the appointment of Dean of Faculty and Head of the Department depends.

(2.) Statute 15 of the University Calendar 1990, Volume 1, relating to the determination of seniority may be noticed :

(3.) It is the case of the petitioner that in the eventuality of the appointment of the incumbents on the same day to a particular post by way of direct recruitment, seniority has to be determined on the basis of age. According to him, that is the only reasonable criteria and the petitioner being older in age to Respondents No. 4 and 6, he is senior to them as Professor, having been appointed on the same day as Respondents No. 4 and 6, The Registrar of the University issued an order on 9th Feb. 1991, appointing Dr. Balkar Singh, Respondent No. 4, as the Dean of the Faculty of Humanities & Religious Studies. According to Statute 5 of the University, Dean of the Faculty is to be appointed from amongst Professors in each Faculty by rotation according to seniority. It had, therefore, become obvious from the issuance of the order dated 9th Feb., 1991, appointing Dr. Balkar Singh as Dean, Faculty of Humanities & Religious Studies that he was being treated senior to the petitioner as a Professor. This led the petitioner to file the present writ petition.