S.H.A.Raza, J. - (1.) THE question of seniority between three doctors of King George's Medical College, Lucknow all of whom were subsequently promoted temporarily to the post of Readers, is subject matter of challenge in this petition. The petitioner was held to be junior to opposite parties No. 4 and 5, who also like him were appointed in the department of Medicine in the King George's Medical College, Lucknow and that is why the petitioner filed the instant writ petition praying that the opposite parties may be directed to decide the representations of the petitioner which were forwarded by the Registrar, Lucknow University, Lucknow and the Director of Medical Education and Training, U.P. Lucknow and also not to make any appointment of Reader in the Department of Medicine in the King George's Medical College, Lucknow before deciding the representations. The representations preferred by the petitioner were decided by the State Government and thereafter the writ petition was amended and a prayer was added to the effect that the impugned order dated October 31, 1986 passed by the State Government rejecting his representation maybe quashed and a writ order or direction may be issued quashing the selection made by the U.P. Public Services Commission to the post of Reader, to be made against the promotion quota and the U.P. Public Service Commission be directed to hold fresh selection for the two posts of Readers in King George's Medical College, Lucknow, treating him to be senior to the opposite parties No. 4 and 5.
(2.) THE petitioner was appointed as Lecturer on ad hoc basis on September 21, 1973 and worked in said capacity upto April 30, 1974. Thereafter be was again appointed as temporary Lecturer on May 24, 1974, which appointment was extended from time to time on ad hoc basis. The opposite party No. 4, Dr. Ashok Chandra was appointed as Lecturer on November 1, 1975 and opposite party No. 5, Dr. Mam Chandra was appointed Lecturer on May 25, 1974. The petitioner was appointed temporarily in place of Dr. S.S. Agarwal, who in the meantime had been temporarily promoted to the post of Reader. A Selection Committee of King Georges Medical College met on October 31, 1975 for selecting three permanent and three temporary Lecturers in the Department of Medicine. The opposite parties No. 4 and 5, Dr. Ashok Chandra and Dr. Ram Chandra and Dr. C.G. Agarwal were recommended for appointment against three permanent posts while Dr. R.C. Ahuja, the petitioner and Dr. R.B. Singh were recommended for appointment on the post of temporary lecturers. All of them joined on the same date, i.e. November 1, 1975. The petitioner was appointed as a temporary Lecturer and was placed at Serial No. 2 in the list of temporary lecturers as indicated above. Dr. Ram Chandra was confirmed with effect from November 1, 1976 and Dr. Ashok Chandra was confirmed as permanent Lecturer with effect from February 19, 1977. In the meantime, Dr. S.S. Agarwal, in whose place the petitioner was temporarily appointed, became Reader and the University Executive Council in its meeting dated February 18, 1977 appointed the petitioner substantively as Reader under Section 31(3)(b) of the State Universities Act (hereinafter known as the Act). He was confirmed on the said post on the date on which he completed one year's probation, meaning thereby he was confirmed from February 19, 1978.
(3.) SO far as age is concerned, Dr. Ashok Chandra is the youngest and the petitioner is the eldest. The petitioner's claim is that as substantive appointment of all these doctors will be deemed on the same date and, as such, he being senior in age, is the senior lecturer.;