VINOD NAUTIYAL Vs. VICE CHANCELLOR, HEMWATI NANDAN BAHUGUNA, GARHWAL UNIVERSITY (CENTRAL UNIVERSITY), SRINAGAR
HIGH COURT OF UTTARAKHAND
Vice Chancellor, Hemwati Nandan Bahuguna, Garhwal University (Central University), Srinagar
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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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