SHANTI LAL DAVE Vs. MOHANLAL SUKHADIYA UNIVERSITY, UDAIPUR

JUDGEMENT

(1.) The matter was listed for orders on the stay petition. However, on the request of the learned counsel for the parties the matter was finally heard.

(2.) Petitioner Shanti Lal Dave was appointed as Assistant Librarian on ad hoc basis on 9.6.1982. He was thereafter selected and appointed on the regular basis vide order dated 28.4.1983. By the same order the respondent No. 2 Shri Umesh Kumar Agarwal was also appointed as Assistant Librarian. In the order of merit the petitioner stood at S. No. 1 and Shri Agarwal stood at S.No. 2. The petitioner on completion of 8 years of service got senior scale in June, 1990 and the respondent No. 2 Shri Agarwal also got the senior scale in 1991 on his completing 8 years of service. The Board of Management of the University passed resolution on 31.10.1991 resolving that Career Advancement Scheme for Assistant Librarians be implemented on the lines of Rajasthan University. The Scheme is Annexure P3. It has been provided in the Career Advancement Scheme that Assistant Librarians having certain qualification on the experience would be entitled to promotion to the post of Dy. Librarian, carrying pay scale of Rs. 3700-5700 or get selection scale of Rs. 3700-5700.

(3.) The petitioner's case is that the University respondent No. 1 has decided to hold interviews for the grant of selection grade and respondent No. 2 Shri Agarwal has applied for the post whereas he is not eligible to hold the post of Dy. Librarian. According to the petitioner the Ph.D. degree obtained by the (respondent No. 2) is in the subject of Law and not in Library Science. It has been prayed that the respondent University be directed not to hold interview for the post of Dy. Librarian Selection Grade and not to consider the candidature of the respondent No. 2 for the post.