GOPAL KRISHNA PALEL Vs. CHANCELLOR OF UNIVERSITIES

JUDGEMENT

(1.) THIS appeal is directed against the order dated 11.12.2002 passed by the learned Single Judge dismissing the writ application filed by the appellant challenging the order dated 17th May, 2001 passed by the Chancellor of the Universities (Annexure -1 to the writ application) by which he has quashed the notification dated 25.4.1998 promoting the appellant as Reader in the department of Mathematics with effect from 13.1.1991 and holding that respondent No. 9 (appellant before the Chancellor) was senior to the appellant herein.

(2.) ADMITTED facts are that the appellant was appointed in the department of mathematics by the Patna University (hereinafter referred to as the University) vide notification dated 10/12.1.1983 and joined on 3.1.1983 and respondent No. 9 was appointed vide notification dated 2.2.1983 and joined on 2.2.1983. The appellant was posted in the department of Mathematics in B.N. College, Patna and respondent No. 9 was posted in the department of Mathematics in Magadh Mahila College, Patna, both under Patna University. Seven lecturers including the appellant and respondent No. 9 were granted provisional promotion to the post of Reader by the University under the Merit Promotion Scheme in anticipation of the recommendation of the Bihar State Universities (Constitutent Colleges) Service Commission (hereinafter referred to as the Commission). The relevant papers were sent to the Commission vide letter dated 6.12.1996 for consideration of their cases. The Commission invited two experts to evaluate their work and papers and after completion of the evaluation work the expert recommended the names of four persons including respondent No. 9 for promotion as Reader. It did not recommend the names of the appellant and one Dr. Bal Gangadhar Prasad. In pursuance of the recommendation from 8.1.1998, the University granted promotion to the four persons including respondent No. 9 and on 18.3.1998 cancelled the provisional promotion to the post of Reader granted to the appellant with effect from 13.1.1991 and reverted him back to the post of Lecturer.

(3.) ON 9.9.2000 respondent No. 9 filed a petition before the Vice -Chancallor of the University complaining that the case of the appellant and Dr. Bal Gangadhar Prasad were referred to the Commission in violation of Clause (9) of the Merit Promotion Scheme as under the said Statute the matter could not have been referred before the exprity of two years from the earlier consideration. Respondent No. 9 also prayed to reconsider the question regarding inter se seniority between him and the appellant. The Seniority Committee constituted by the University decided the issue and made respondent No. 9 junior to the appellant vide notification dated 5.2.2001. The Commission also recommended the names of Dr. Rabindra Nath Pandey, the appellant and one Dr. Lok Nath Rai as well as respondent No. 9 to the post of University Professor from the post of Reader under Merit Promotion Scheme vide its letter dated 28.7.2000. As respondent No. 9 was shown junior, he approached the Chancellor for deciding the inter se seniority matter as he was senior by virtue of having been promoted under the Merit Promotion Scheme prior to Dr. Gopal Krishna Palei, the appellant.