A.N.Varma, J. - (1.) The dispute is about inter se seniority of the petitioner and the respondent Sri A. S. Yadava in the M. M. H. College, Ghaziabad. The College was initially affiliated to the Agra University. Subsequently, it was affiliated to the Meerut University which was established and incorporated along with the Kanpur University under the Kanpur and Meerut Universities Act, 1965.
(2.) The petitioner was appointed on Oct. 4, 1958 as a lecturer in Physics in the degree section of the aforesaid college. Sri Yadava, on the other hand, was appointed a lecturer in the same department and subject on July 20, 1959. On August 1, 1962 the Department of Physics for degree classes was upgraded to the level of postgraduate department. However, neither the petitioner nor Sri Yadava possessed the requisite minimum qualifications prescribed for lecturers of postgraduate classes. By means of a letter dated August 7, 1962, therefore, the Principal of the college approached the Registrar of Agra University seeking permission of the University to allow the petitioner to take M. Sc. classes in Physics. This request was considered by the Executive Council of the University at its meeting on October 20, 1962 which granted approval permitting the petitioner to teach postgraduate students in Physics under the power of relaxation vested in the University as regards the minimum qualifications prescribed for postgraduate lecturers. A similar request was made in regard to Sri Yadava by the Principal of the college by means of a letter dated July 24, 1963 which was considered by the Executive Council and the requisite exemption from minimum qualifications was granted to Sri Yadava on August 14, 1963. The petitioner asserts that whereas he started taking postgraduate classes from 1962 Sri Yadava started teaching postgraduate students from 1963 pursuant to the exemption granted by the University.
(3.) Undisputedly, the petitioner was senior to Sri Yadava in length of service so long as both were lecturers in Physics in the degree section of the College, the petitioner having been appointed earlier than Sri Yadava. When the department of Physics was upgraded to the level of a postgraduate department on August 1, 1962 also in terms of Statute 7-B of the Agra University Statutes, the petitioner was treated as senior to Sri Yadava and was promoted to the post of Assistant Professor on August 1, 1963.;