- (1.) PALOK Basu, J. This writ petition has been directed against the Chancel lor's decision, dated 30-11-1994 whereby the order of the Executive Council of Gorakhpur University, dated 14-5-1994 concurring with the Seniority Com mittee's decision, dated 23-1-1994 has been upheld and the respondent No. 5 Dr. J. P. Tripathi has been held to be senior to the petitioner Dr. S. C. Bose.
(2.) THIS litigation has been on for quite some time past now. When this writ petition was moved, the caveator-counsel was heard in opposition and all learned counsel for the parties prayed for expeditious disposal of this writ petition and, therefore, it is being finally decided after exchange of affidavits by all concerned parties. Dr. R. G. Padia on behalf of the petitioner, Sri B. S. Pandey, learned counsel on behalf of opposite party No. 5, Dr, J. P. Tripathi have been heard at considerable length, Sri S. N. Upadhyaya, assisted by Sri Ramesh Upadhyaya has been heard on behalf of the Chancellor and Gorakhpur University. Sri D. R. Chaudhary, Standing Counsel has espoused the cause of the State. Along with hearing the learned counsel, all the documents filed along with the petitions, counter-affidavits, rejoinder affidavits and supplementary affidavits have been thoroughly examined. Though apparently the question arising for consideration is simple, i. e. , who amongst the petitioner Dr. S. C. Bose and respondent No. 5, Dr. J. P. Tripathi has to be recognised as Senior in the English Department in Gorakhpur University, the respective representations and petitions have render ed the whole litigation a bulky one. Therefore, some facts have to be mentioned to dispose of all the points argued. It may, however, be stated that the latest decision of the Hon'ble Supreme Court in Dr. Krishna Agarwal v. State of U. P. and others, reported in JT 1995 (1) SC page 471, would nullify much of the venom spitted out by either side because the dictum in the aforesaid judgment of the Hon'ble apex Court practically ends the controversy. There is no doubt that the petitioner Dr. S. C. Bose was appointed as Lecturer in English Department in the University of Gorakhpur on 11-3-1971. It is said that prior to his entering this service in University ho worked as Lecturer in K, N. Government College, Gyanpur, Varanasi from 2-1-1965 to 10-3-1971. It is also not disputed that a Selection Committee was constituted which met for considering appointment to the post of Reader and that the petitioner, Dr. S. C. Bose was promoted and appointed as Reader on 24- 2-1985.
(3.) LIKEWISE, it is also permitted that Dr. J. P. Tripathi was appointed as a Lecturer in English in Gorakhpur University 00 15-1-1974. He too pre viously worked as Lecturer in D. A. V. P. G. College Azamgarh from 16- 7-1960 to 14-1-1974. He was, however, granted promotion to the post of Reader on 24-2-1985, not as a result of direct open selection by the Selection Committee, but under the "personal Promotion Scheme,". It is again not in dispute that under the First Statutes, the qualifications concerning personal promotions came to be passed and promulgated with effect from 25-2-1985 which was made possible by adding Section 31-A in the State Universities Act. Initially, the Registrar of the Gorakhpur University published a Seniority List on 1-7-1981. In that list the petitioner was shown at No. 35. The respondent No. 5 namely. Dr. J. P. Tripathi was thirteen places lower in the seniority having been shown at serial No. 48. This seniority list was objected to by some teachers including perhaps respondent No. 5 Dr. J. P. Tripathi. In due course, ultimately those objections came to be decided by a seniority committee, vide its decision, dated 30-6-1993 which held that Dr. J. P. Tripathi was senior to Dr. S. C. Bose. This decision, however, proceeded to determine the seniority in the Readers Cadre of both those contestants though initially the controversy arose as to the respective seniority of these two contestants in the Lecturers Cadre. The said committee held that since in the mean time the promotion to the Readers Cadre had taken place and date on which the petitioner was selected and promoted as a result of the Selection Committee's decision was the same as the date on which "personal Promo tion" was granted to the respondent No. 5, it proceeded to take note of what ever service the two contestants had put in as Lucturer prior to their appoint ment in the Gorakhpur University.;