- (1.) We have heard Shri R.C. Shukla and Shri Shailesh Kumar, learned Counsels for the Petitioner. Shri P.S. Baghel has entered appearance on behalf of the University of Allahabad.
(2.) Prof. U.N. Agarwala, a Professor of Organisational Behaviour, Department of Psychology, University of Allahabad has prayed for following reliefs: "(a) to issue a writ, order or direction in the nature of mandamus commanding the Respondent university to hand over the charge of office of the Vice -Chancellor to the Petitioner, as per Statute 2 (6) of the Statutes of the University forthwith, who is the senior most Professor of the University. (b) to issue a writ, order or direction in the nature of mandamus commanding the Respondent University to dissolve the seniority committee constituted by the University to decide the seniority dispute, already decided and settled between the Petitioner and Professor K.G. Srivastava, since retired, much before the commencement of Act of 2005. (c) to issue a writ, order or direction in the nature of Quo -warranto declaring the office of Vice -Chancellor held by Professor N.R. Farooqui (Respondent No. 5) as vacant. (d) to issue any such other and further order, writ or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (e) to award the cost of the writ petition."
(3.) It is submitted by Shri R.C. Shukla appearing for the Petitioner, that the question of seniority between the Petitioner and Prof. K.G. Srivastava, had attained finality by the decision of the Executive Council in pursuance to the directions of this Court in Writ Petition No. 23331 of 2003 dated 23.5.2003, communicated to the Petitioner by the Registrar of the University on 20/22.11.2003. The Petitioner relies upon the judgments in A.K. Kalia v/s. Chancellor, Lucknow University, 1995 (2) AWC 832 and S.L. Khanna and Ors. v/s. Vice Chancellor, Allahabad University and Ors., Civil Misc. Writ Petition No. 15021 of 1987, in which it was held that where the selection committee for personal promotion met within a year from the date of the teachers being eligible for promotion, the seniority will be counted from the date of joining, but where the selection committee has met beyond the period of one year within which it should ordinarily meet under Statute 11.12B (a), which mandates that selection committee should meet once every year, seniority will relate back to the date, when the teacher becomes eligible for such promotion.;