SHAILJA SINGH Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) Present petition was initially filed by Dr. Indra Pratap Singh seeking writ of mandamus to promote the petitioner on the post of University Professor under the eight years merit-promotion scheme, as per the recommendation made by the University Service Commission dated 10.11.2001 (Annexure-4 to the writ petition). During the pendency of the writ petition, original petitioner had expired and his wife was permitted to be substituted as petitioner vide order 30.03.2009 and respondent No. 3 was permitted to be impleaded as respondent on the ground that his promotion on the post of Professor is under challenge saying it was against the recommendation made by the University Service Commission.

(2.) Brief undisputed facts of the present case are as under :--

(3.) Respondent-University as well as respondent No. 3 have taken stand that since petitioner was promoted to the post of Reader under the time bound promotion scheme, while respondent No. 3 was promoted to the post of Reader under the merit-promotion scheme, therefore, on the post of Professor, name of respondent No. 3 was rightly recommended by the Commission under the merit-promotion scheme; University Service Commission had wrongly recommended name of the petitioner under merit-promotion scheme; Alternatively. since the petitioner was promoted as Reader under the time bound scheme, therefore, his name should be deemed to have been recommended under the time bound promotion scheme.