L. Nageswara Rao, J. - (1.) Leave granted. The promotion of the Appellants and Respondent Nos.6 and 7 as Professors in the Jawahar Lal Nehru Medical College, Aligarh Muslim University under the Career Advancement Scheme was challenged by Respondent No.1 by filing a Writ Petition in the High Court of Allahabad. The Writ Petition was allowed by the High Court by its judgment dated 07.10.2015. The promotion of the Appellants and Respondent Nos.6 and 7 as Professors was set aside and they were directed to be reverted from the post of Professor. Aggrieved by the said judgment, the Appellants have approached this Court by filing this appeal. The Aligarh Muslim University (Respondent No.3 before the High Court) and Dr. Shahzad F. Haque (Respondent No. 7 before the High Court) have also filed Special Leave Petitions against the said judgment.
(2.) Respondent No.1 was initially appointed as a Lecturer on 05.08.1992 in the Jawahar Lal Nehru Medical College, Aligarh Muslim University. He was promoted as a Reader under the Career Advancement Scheme on 25.06.2003. He was further selected for appointment to the post of Professor under the Career Advancement Scheme as well as cadre promotion. Respondent No.1 was also promoted to the cadre post in 2009. He waived his right for promotion under the Career Advancement Scheme and was treated as having been promoted to a cadre post. The Appellants and Respondent Nos.6 and 7 were considered for promotion to the post of Professor (Career Advancement Scheme). On the basis of the recommendation of the General Selection Committee, the Appellants and Respondent Nos.6 and 7 were promoted as Professors with effect from the dates of their entitlement. As some of them were promoted as Professors with effect from 2009, they become seniors to Respondent No.1 as Professors. Respondent No.1 submitted a representation to the University against the promotions of the Appellants and Respondent Nos.6 and 7. This representation was rejected by a letter dated 24.07.2013. Challenging the orders of promotion of the Appellants and Respondent Nos.6 and 7, dated 15.06.2013 and the letter dated 24.07.2013 by which his representation was rejected, Respondent No.1 approached the High Court by filing a Writ Petition.
(3.) Several points were raised before the High Court regarding the ineligibility of the Appellants and Respondent Nos.6 and 7 for being considered for promotion to the post of Professors. The High Court allowed the Writ Petition only on one point i.e. the lack of qualification of Ph.D. which disentitled Appellants and Respondent Nos.6 and 7 from being appointed as Professor. The High Court did not go into any other issue in view of the findings recorded on the lack of qualification on the part of the Appellants and Respondent Nos.6 and 7.;