RAJENDRA AGRICULTURAL UNIVERSITY Vs. VIJAY KUMAR

JUDGEMENT

(1.) Heard Mr. D.K. Sinha, learned Senior Counsel, alongwith Mr. Anil Upadhyaya, learned Counsel for the Appellants and Mr. Vinod Kanth, learned Senior Counsel, alongwith Mr. Mukul Sinha and Mr. Anand K. Ojha, learned Counsel for the Respondents.

(2.) Though this matter was listed for admission, yet on consent of learned Counsel for the parties it is finally heard.

(3.) In this intra-court appeal the defensibility of the order dated 28.10.2009 passed by the learned Single Judge in CWJC No. 12556 of 2009 is called in question. It is submitted by Mr. Sinha, learned Senior Counsel for the Appellants, that the learned Single Judge has fallen into grave error by directing that 50% of the vacant posts should be filled up through direct recruitment and 50% by way of promotion/absorption as provided under Clause 14.1(b) of the Statute. It could not have been so directed even on consent inasmuch as the said clause does not so provide.