DR. VEER SINGH Vs. PUNJAB UNIVERSITY AND ORS.

JUDGEMENT

(1.) WHETHER a University teacher who has been given merit promotion as a Professor can claim to be a member of the cadre of Professors so as to be eligible to be appointed Head of the Department by rotation and whether a merit promotee can claim seniority over a directly 'recruited teacher are the twin questions which arise for determination in these two Civil Writ Petitions 2991 of 1994 and 14161 of 1995 which were ordered to be heard together by the Motion Bench. Since the issues involved in both the writ petitions are identical, they are being disposed of by this judgment. Civil Writ Petition 2991 of 1994.

(2.) PETITIONER herein is Dr. Veer Singh who is working as a Professor in the Department of Laws in the Panjab University, Chandigarh (for short the University). He was appointed as a Lecturer in the Department of Laws of the University on 1st October, 1970. Thereafter in the year 1975, through a selection process, he was appointed a Reader in the same department by direct recruitment and he assumed his duties as such on 1st February, 1976. Post of a Professor fell vacant in the year 1985 and the same was to be filled up by direct recruitment. It was accordingly advertised and a High powered selection committee consisting of - outside experts was constituted to interview the candidates. The Petitioner and Respondent 3 were amongst the seven candidates who appeared for interview. The Selection Committee unanimously selected the Petitioner for the post. The Petitioner on his selection assumed the duties of the post of Professor of Laws in the Department on 1st December, 1986 and he was put on probation for a period of one year.

(3.) WHEN the writ petition came up for motion hearing on 7th March, 1994 a Division Bench of this Court by an interim order directed the Registrar of the University to refer the question of inter se seniority between the Petitioner and Respondent 3 for decision to the Syndicate at its next meeting which was being held, on 10th March, 1994. Tin pursuance to this direction, the matter was placed before the Syndicate and it was decided that the dispute regarding inter se seniority of the Petitioner and Respondent 3 be referred to a one man committee of Shri Jagan Nath Kaushal who was authorised to take a decision on behalf of the Syndicate. Shri Kaushal after examining the relevant facts and the law on the subject opined that Respondent 3 was senior to the Petitioner as a Professor, in the Department of Laws. A copy of this order was produced during the course of arguments and the same has been taken on record. After the matter was decided by Shri Kaushal, the Viee -Chancellor appointed Respondent 3 as Chairman/Head of the Department of Laws for a period of three years with effect from 1st April, 1994 and this order was communicated to Respondent 3 and some others by the Deputy Registrar (Establishment) as per his communication dated 31st March, 1994. Since this order was passed after the filing of the writ petition, a copy of the communication dated 31st March, 1994 was placed on the record through Civil Misc. 5011 of 199.