VINOD NAUTIYAL Vs. VICE CHANCELLOR, HEMWATI NANDAN BAHUGUNA, GARHWAL UNIVERSITY (CENTRAL UNIVERSITY), SRINAGAR
LAWS(UTN)-2012-7-92
HIGH COURT OF UTTARAKHAND
Decided on July 23,2012

Vinod Nautiyal Appellant
VERSUS
Vice Chancellor, Hemwati Nandan Bahuguna, Garhwal University (Central University), Srinagar Respondents

JUDGEMENT

BARIN GHOSH,.J. - (1.) THE learned counsel appearing on behalf of the respondent University drew our attention to Clause 2.09 (1) of the First Statute, which is as follows : - "If a casual vacancy occurs in the office of the Dean of a Faculty the senior most Professor, and where no Professor is available in that Faculty, the senior most teacher in the Faculty shall perform the duties of the Dean."
(2.) IT was submitted by the learned counsel for the respondent University that the person, who has joined the University as Lecturer earliest, if becomes Professor, would be treated as the senior most Professor in terms of the said Rule. The learned counsel for the private respondent drew our attention to Rule 24 (1) to the Second Schedule to Central Universities Act, which is as follows: - "Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the Executive Council may, from time to time, prescribe."
(3.) IT was submitted that at present the post of Head of the Department is a rotational post. It was also submitted that in such post he shall be treated as senior most who came in the grade first. These submissions have been made in the background of the fact that the private respondent has been appointed as Head of the Department of the Faculty, which appointment has been challenged by the petitioner by filing the present writ petition. It is the case of the petitioner that he is the senior most Professor, but it is also the case of the private respondent as well as the respondent University that the private respondent is the senior most Professor.;


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