DR. LEELA SINGH, VINOBA BHAVE UNIVERSITY, THROUGH ITS REGISTRAR AND VICE CHANCELLOR, VINOBA BHAVE UNIVERSITY Vs. RAM SHARAN NISHAD AND ORS.

JUDGEMENT

(1.) SINCE both these appeals arose out of the judgment passed by the learned Single Judge in W.P. (S) No. 767 of 2004, they have been heard together and are disposed of by this common judgment.

(2.) L .P.A. No. 574 of 2006 has been filed by respondent No. 3 of the writ petition, namely, Dr. Leela Singh (hereinafter referred to as 'the appellant') while L.P.A. No. 623 of 2006 has been filed by Vinoba Bhave University (hereinafter referred to as 'the University'). By the impugned judgment, the learned Single judge quashed the order dated 7.1.2004 passed by the University and declared respondent No. 1 - Ram Sharan Nishad (hereinafter referred to as 'the writ petitioner') senior to the appellant, Dr. Leela Singh. The facts of the case lie in a narrow compass:

(3.) DISPUTE arose between the writ petitioner and the appellant in 2001 when the post of Principal fell vacant in the said College. The Managing Committee was asked by the University vide letter dated 5.7.2000 to relieve the Principal on retirement and to appoint the seniormost teacher of the College as Incharge Principal with immediate effect. In compliance of the said letter, the Secretary of the Managing Committee of the College appointed the appellant as Incharge Principal till further order vide letter dated 30th July, 2001. Against the said appointment of the appellant as Incharge Principal, the writ petitioner made representation to the Registrar of the University on 24th August 2001. When the representation was not considered, the writ petitioner filed a writ petition being W.P.S. No. 1507 of 2002 which was disposed of vide order dated 16th July, 2003 with a direction to the Vice Chancellor of the University to consider the claim of the writ petitioner and the appellant and to take a decision as to who is entitled to the post of Incharge Principal on the basis of the seniority. In compliance of the aforesaid direction, the Vice Chancellor of the University vide order dated 7.1.2004 declared the appellant as senior to the writ petitioner on the ground that appointment of the appellant was earlier than that of the writ petitioner.