SHATRUGHANA SHARAN SINGH Vs. CHANCELLOR OF UNIVERSITIES

JUDGEMENT

(1.) SOME times in 1959 University Grant Commission authorised the respondent Patna University to create a post of Lecturer for the purpose of carrying out field excavation in relation to the work associated with the Department of Ancient Indian History and Archaeology of the said University. The academic council of the University on the basis of such authority created the post of Director of Field Excavation in the Department of Ancient Indian History and Archaeology. The said post was treated by the academic council of the University as equivalent to a teacher 'spost. The post, as was created, was to continue until approved by the Senate. It appears that Senate did approve creation of the said post, and also expressly held out that the said post shall be treated as a teaching post of the University.

(2.) IN the post of Director, Field Excavation, Department of Ancient Indian History and Archaeology, the respondent no. 9 was appointed. He assumed the charge of the said post on 2nd January, 1975. The services of the respondent no.9 in the post of Director, Field Excavation in the Department of Ancient Indian History and Archaeology was confirmed by a decision dated 15th June, 1982 with effect from 2nd April, 1975. The respondent no. 9 was thereupon promoted to the post of Reader with effect from 1st April, 1985 on the basis of time bound promotion policy, as was then adopted by the University. The said promotion was subject to the concurrence of the University Service Commission. On 31st October, 1997 the University Service Commission granted its concurrence to the said promotion.

(3.) ON 18th June, 1995 the University decided that the respondent no.9 is senior to the petitioner in the post of Reader. This decision was challenged by filing a writ petition. The writ court having dismissed the writ petition, the present appeal has been preferred against the order dismissing the writ petition.