- (1.) Respondent No.1 belongs to Backward Class category who was appointed by the appellant-University on 03.10.1974 and thereafter promoted to the post of Senior Clerk and then to the post of Assistant on 24.05.1980 and 26.03.1982, respectively. Next promotion is to the post of Deputy Superintendent which is governed by Maharishi Dayanand University Non-Teaching Employees (Terms and Conditions) Rules, 1980 (hereinafter referred to as the "Rules 1980"). Respondent No.1 claimed benefit of reservation, being a person belonging to Backward Class category, while considering his case for promotion to the post of Deputy Superintendent. It is not in dispute that the appellant-University has adopted the reservation policy of the Haryana Government vide Resolution No.26 passed in the meeting held on 25.04.1981. As per the policy of the Haryana Government dated 16.12.1980, adopted by the appellant University, 10% of the posts are to be reserved for Backward Classes in Class-III and Class-IV posts by way of promotion. The claim of respondent No.1, however, was rejected on the ground that the post of Deputy Superintendent is Class-II post and not Class-III post.
(2.) Challenging this decision of the appellant-University, the respondent No.1 filed writ petition way back in the year 1989 for quashing the orders by which his request was rejected and seeking a writ of mandamus directing the appellant-University to implement the policy decision. As is clear from the aforesaid discussion, the main question which fell for adjudication before the learned Single Judge in the writ petition was as to whether the post of Deputy Superintendent was Class-III (Class-C) post or it was Class-II (Class-B) post.
(3.) Insofar as the respondent No.1 is concerned, in support of his assertion that it was Class-III post, he relied upon the aforesaid Rules. As per Rule 5 thereof, categories in scales of pay of the post would be, thus, specified in Schedule-I annexed to these Rules. The power was given to the Executive Council to revise the Schedule-I at its discretion from time to time. However, no such Schedule is prepared or annexed to those Rules. In the absence thereof, the respondent No.1 referred to Part III of the Rules 1980 which, inter alia, provides that in respect of those matters where no provision is made in the Rules, those conditions of service of an employee shall be determined according to the Haryana State government Rules on the subject. It was, thus, submitted that insofar as the State of Haryana is concerned, the post of Deputy Superintendent was treated as Class-III post. This contention of the respondent No.1 herein has found favour with the learned Single Judge. Accepting the plea based on the aforesaid Rules, it is held that the post of Deputy Superintendent is Class-III post and, therefore, 10% reservation for promotion to these posts for Backward Classes could not have been given a go-by.;