A N RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is a professor of Geography G. G. M. College Jammu. He has brought this writ petition against the State of Jammu and Kashmir and seven others who have been arrayed as respondents 2 to 8 in this petition. The petitioner prays that the appointment of respondents 2 to 8 as Principals be declared void, the petitioner be deemed to have been appointed right from the time his first supersession took place by the appointment of Mr. Ishwar Sharma in the year 1961; that the petitioner be directed to be reimbursed for all the pay and grade during this period ; that the petitioner be directed to be appointed as Principal in place of respondent 2.

(2.) I have started with the relief because the petition does not specifically mention anything except in the relief clause what this petition is aimed at .The relief in the petition given at the beginning of the petition is headed as petition under Art. 32 -2 (a) of the Constitution of India and S. 103 of the Constitution of J & K.

(3.) THE facts that have given rise to this writ petition are as under. The petitioner in his petition states that he passed M. A. in Geography and History in the years 1939 and 1941 respectively. He got a Ph. D. from Aligarh University in 1949. Respondents 2 to 8 are second class M. A. except Mr. B D. L. Sharma who is respondent 5 and is a third class M. A. in Urdu. The petitioner joined the S. P. College as a Lecturer in 1962 on probation for two years. He was confirmed. Respondents 2 to 8 were appointed as Lecturers after the petitioner, except Ishwar sharma respondent 2 and S. S L Sadhu respondent 4. Nonetheless, according to the petitioner he is senior even to these respondents. That the Government by order No. 1234 -C of 1952 dated 15 -12 -52 fixed four criteria for promotion to professorship which are: -