ASHOK BHUSHAN, J. - (1.) Leave granted.
(2.) These appeals have been filed challenging the Division Bench judgment of High Court of Judicature at Allahabad, Lucknow Bench dated 12.04.2018 by which writ petition filed by respondent No.4 has been allowed and the order of the Chancellor dated 08.07.2009 rejecting the representation made by respondent No.4 was set aside.
(3.) Brief facts of the case for deciding these appeals are: 3.1 King George Medical University is a Medical University under the by U.P. Act No.8 of 2002 namely the King George Medical University Act, Uttar Pradesh Act, 2002. An advertisement dated 15.03.2005 was issued by U.P. King George's University of Dental Sciences, Lucknow (hereinafter referred to as "University") inviting applications for the post of Professors, Associate Professors, Asstt. Professors and Lecturers. 3.2 The appellant made an application for appointment on the post of Assistant Professor whereas respondent No.4 made an application for appointment on the post of Lecturer. Both the appellant and respondent No.4 were considered by the same Selection Committee and recommendations of the Selection Committee were approved by Executive Council in its meeting dated 08.08.2005 approving the appointment of appellant as Assistant Professor and that of respondent No.4 as Lecturer. The appellant, who was working as Assistant Professor in BRD Medical College, Gorakhpur after obtaining permission from State of U.P. joined as Assistant Professor on 08.12.2005. 3.3 The respondent No.4 submitted his joining as Lecturer on 08.08.2005. The respondent No.4 was promoted on the post of Assistant Professor on 08.08.2007 after completing three years experience. The representations were submitted by respondent No.4 to the University claiming seniority over the appellant. A representation was addressed by respondent No.4 to the Chancellor dated 13.02.2009 regarding the appointment and claim of seniority as Assistant Professor in the University. The respondent No.4 claimed that his experience at the time of appointment as Senior Research Fellow in W.H.O. was not considered. His representation to the Chancellor principally claimed seniority over appellant based on his experience claiming that he has also completed requisite experience at the time of his appointment on the post of Assistant Professor. 3.4 The Chancellor vide his order dated 08.07.2009 rejected the representation made by respondent No.4. The Chancellor in his order referred to the report sent by the University that experience of the appellant as Senior Research fellow in W.H.O. cannot be counted as experience. Aggrieved by the order of the Chancellor dated 08.07.2009 rejecting his claim, the respondent No.4 filed a writ petition being Writ Petition No.1350(SB) of 2009 praying for following reliefs:- "i. Issue a writ of certiorari quashing the impugned order dated 08.07.2009 passed by Opp. Party No.1 and impugned appointment order dated 08.08.2005 of OPP. Party no.4 as Asstt. Professor contained in Annexure No.1 and 2 to the writ petition. ii. issue a writ of mandamus / prohibition commanding the OPP. Party No. 1 to 3 to revert, back the OPP. Party NO.4 from the post of Asstt. Professor and post him in the post Lecturer from the date of joining forthwith. iii. issue a writ of mandamus commanding the Opp. Party No.1 to 3 to declare the petitioner senior to the Opp. Party No.4 with all consequential service benefits. iv. issue a writ of mandamus commanding the Opp. Parties to count the period of Senior Research Fellow as teaching experience in promoting the petitioner, as Asstt. Professor. v. any other writ, order or direction which this Hon'ble Court deem fit in the circumstances of the case may also be passed. vi. Allow the Writ Petition with cost." 3.5 In the writ petition both the appellant as well as University has filed their counter affidavit and contested the claim of the respondent No.4. Division Bench of the High Court vide its impugned judgment dated 12.04.2018 allowed the writ petition. The operative portion of the order of the High Court is as follows:- "The writ petition is accordingly allowed. The order dated 8.7.2009 passed by the Chancellor is hereby quashed and the University concerned is directed to treat opposite party no. 4 having been appointed initially on the post of Lecturer in accordance with his qualification. Consequences shall follow accordingly. However, no recovery shall be made from opposite party no.4 from the payment made to him on account of said initial appointment on the post of Assistant Professor." 3.6 The appellant aggrieved by the judgment of the High Court has come up in these appeals. ;