KRISHNA C MATHUR Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) DR . Krishna C. Mathur, the petitioner, in this writ petition filed under Article 226 of the Constitution, is employed as lecturer in the Department of Chemistry in the University of Jodhpur (hereinafter referred to as the 'University'). He was appointed on the said post in)July, 1963. Respondents No. 5 to 32 in this writ petition, are employed as Professors and Readers in the various departments of the University. The University has been established under the provisions of the jodhpur University Act. 1962 (hereinafter called the 'Act'. The Act has constituted various authorities, namely, Syndicate, Academic Council etc for the discharge of the various functions entrusted to them under the Act. Under, Section 16 of the Act, the Syndicate is the executive body of the. University whereas under Section 15 of the Act, the Senate is the supreme authority of the University vested with the power to review the acts of Syndicate and the Academic Council and also to exercise all the powers of the University not otherwise provided for by the Act or the Statutes. When the University was constituted in 1962, a number of colleges were absorbed in the University and the teachers working in those colleges were appointed as the teachers of the University. Under the Act and the Statutes framed thereunder, there exists no provision for promotion of a teacher from one post to another and all appointments on the post of Professors, Readers and Lecturers in the University are required to be made by selection on the basis of merit. The result is that a number of teachers of the University have continued to remain on the posts on which they were initially appointed Those teachers, if they had remained with the colleges, would have been promoted as Heads of Departments or Principals in the mean time. Proposals for relieving the hardship caused to such teachers by giving promotions had been under consideration of the authorities of the University for some time past. One such proposal was to add Clause (6) in Statute 18 so as to make provision for promotion of teachers who had been teachers in the University for 12 years after assessment by a Screening Committee. The aforesaid proposal was considered by the Senate at its meeting held on May 6 and 7, 1978 wherein it was resolved that the proposed amendment may be referred to the Syndicate for consideration, After the aforesaid meeting of the Senate, the Academic Council of the University, by its resolution dated May 14, 1978 appointed a sub -committee. The said sub -committee framed certain rules for personal promotion of the teachers. Subsequently, the Academic Council, at its meeting held on 3rd November, 1978, approved the scheme for Ex Cadre Personal Promotion for permanent Demonstrators/Lecturers/Readers working in the University and recommended the same for adoption by the Syndicate. The meeting of the Syndicate was held on 9th November, 1978 and at the said meeting, the Syndicate after considering the recommendations of the Academic Council passed resolution No. 168 adopting the following scheme for Ex. Cadre Personal Promotion for permanent Demonstrators/Lecturers/Readers working in the University (hereinafter referred to as the 'Ex Cadre Personal Promotion Scheme'):

(2.) IN the writ petition, the petitioner has prayed for the issue of a writ of certiorari or any other writ or direction quashing the resolution No. 168 dated November 9, 1978 passed by the Syndicate adopting the Ex -Cadre Personal Promotion Scheme as well as the appointments of respondents No. 5 to 32 to the post of Professors and Readers made in pursuance thereof In the writ petition, the petitioner has also prayed for the issue of a writ of prohibition or other writ, order or direction restraining the Syndicate from confirming the impugned resolution No. 168 and for the issue of an appropriate writ, order or direction restraining the respondents No. 5 to 8 from functioning as Professors and respondents No. 9 to 32 as Readers in pursuance of the impugned resolution No. 168.

(3.) IN the writ petition, the petitioner has challenged the validity of the Ex Cadre Personal Promotion Scheme on the ground that it is violative of the provisions of Articles 14 and 16 of the Constitution of India and that it contravenes the provisions of Sections 3(1) and Section 5(3) of the Rajasthan Universities Teachers and Officers (Special Conditions of Service) Act, 1974 and that it contravenes the previsions of Statute No. 5(2) of the Statutes and Ordinance No. 317 of the Ordinances of the University.