BHANWARLAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE short question which requires consideration in this rather longish writ petition is as to whether the respondents Nos. 4 to 13 were erroneously promoted on the posts of Vice Principals or Principals of Degree Colleges in the Educational Service of the State of Rajasthan in preference to the petitioner.

(2.) THE case of the petitioner is that he is senior to the respondents Nos. 4 to 13 in the cadre of Lecturer of Degree Colleges and a; such he was entitled to be promoted as a Vice -Principal or Principal of a Degree C liege earlier than the aforesaid respondents. So far as the respondents Nos. 8 to 13 are concerned, the seniority assigned to them in the category of Lecturers of Degree and Postgraduate Classes has already been set aside by this Court in the case of Gopal Behari Mathur v. The State of Rajasthan and Ors. S.B. Civil Writ Petition No 1519 of 1970, decided on September 1, 1975 The orders passed by the State Government in favour of the respondents Nos. 8 to 13 dated September 13, 1971 have already been set aside by the decision in the aforesaid writ petition and the respondent State has been restrained from giving effect to the said orders. It is, therefore, not necessary to set aside the very same orders again in the present writ petition.

(3.) IN respect of the remaining respondents Nos. 4, 6 and 7 Mr. Mathur, learned Additional Government Advocate urges that they were promoted in preference to the petitioner because the petitioner possessed only a third class matter's degree and was not entitled to be promoted to the post of a Vice Principal or Principal of a Degree College under the Rules. It is not contested by the learned counsel for the petitioner that the minimum qualification prescribed for promotion to the post of Principal or Vice -Principal of a Degree College is that the person concerned should hold a Second Class Master's Degree. It is also not in dispute that the petitioner was holding a Third Class Master's degree, while the respondents Nos. 6 and were duly qualified for being promoted to the posts of Principals or Vice -Principals of a Degree College and the University of Rajasthan had granted an exemption in respect on respondent No. 4 Shri R.C. Snarma. In view of these facts, the petitioner cannot complain of the promotion of the respondents Nos. 4 to 7 to the posts of Vice -Principal or Principals of Degree College in preference to him.