UNIVERSITY OF RAJASTHAN JAIPUR Vs. S C GUPTA

JUDGEMENT

(1.) THIS appeal has been preferred under Section 18 of the Rajasthan High Court Ordinance 1949 against the order dated 5-5-1999 passe in Civil Misc. , Application No. 231/1997.

(2.) BRIEF facts of this case are that the petitioner was working as Associate Professor in the University of Rajasthan. A seniority list of Associate Professor was declared. In the said seniority list, name of the petitioner was not shown. Being aggrieved with this, the petitioner approached the Court by way of filing S. B. Civil Writ petition No. 1329/1991 seeking a directions that his name be included in the list of candidates interviewed for the post of Associate Professor (Reader ). The said Writ petition came to be allowed vide order dated 16-10-1992 directing respondent-University to include the petitioner's name in the list of candidates interviewed by the University of Rajasthan for the post of Associate Professor (Reader) under the Rules governing the department of Economic Administration and Financial Management (for short `the E. A. F. M. ). The name of the petitioner was included in the list of the candidates to be interviewed. He was subjected to the process of selection and selected. He filed a contempt petition No. 515/93 seeking implementation of the order dated 16-10-1992 passed in the writ petition No. 1329/91. The learned Single Judge decided the contempt petition while doing so he issued certain additional directions also such as for fixation of pay and seniority which was beyond the scope of the contempt jurisdiction. Not satisfied with this even, the writ - petitioner filed a Misc. , Application No. 231/1997 which came to be decided in the following terms:- " As a result of the above discussion and keeping in view the seniority of the petitioner as per C. A. S. since the petitioner already stood promoted as Associate Professor, pursuant to the direction of this Court dated 16-10-1992, as he was found suitable for the same pursuant to the recommendations of the Screening Committee, I am of the view that the respondents have to make proper placement of the petitioner in the order of seniority vis-a-vis Dr. S. K. Batra, who was immediately junior to the petitioner from the date of joining since the petitioner had joined the University prior to Dr. S. K. Batra, and consequently ranks senior in terms of his appointment, should be ranked senior as Associate Professor as per the requirement of rule 13a of the Rules. The respondents are accordingly directed to publish the final seniority list within four weeks and provisional seniority list published earlier on 29-8-1997, by the respondents shall stand modified accordingly. "

(3.) IT was held by the Supreme Court that an appeal against such an order is maintainable if intra court appeal is available. Such an intra court appeal can be filed and is maintainable under Section 18 of the High Court Ordinance, 1949.