R.S. Mongia, J. - (1.) In response to an advertisement issued by the Punjabi -University Patiala (in short the University) dated 25th April 1990 for one post of Professor each in the Department of Religious Studies Guru Granth Sahib Studies and Bhai Jodh Singh Chair of Sikhism. Petitioner, Dr. Nirbhai Singh, Respondent No. 4 Shri Balkar Singh and Respondent No. 6. Dr. Jodh Singh were selected and appointed on 26th December, 1990, as Professor of Religious Studies, Professor Guru Granth Sahib Studies and Professor of Bhai Jodh Singh Chair of Sikhism, respectively. The dispute is regarding the determination of their seniority as Professor as it is on the basis of the seniority that the appointment of Dean of Faculty and Head of the Department depends.
(2.) Statute 15 of the University Calendar 1990, Volume 1, relating to the determination of seniority may be noticed : "15. (i) Whenever, in accordance with these Statutes, any person is to hold an office or be a member of any Authority of the University by rotation, according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade or post as the case may be and in accordance with such other principles as the Syndicate may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain in respect of each class of persons to whom the provisions of this Statute apply a complete and up-to-date seniority list in accordance with the provisions of the foregoing clause. (3) If two or more persons have equal length of continuous service in a particular grade or post, or the relative seniority of any person or persons is otherwise in doubt, the Registrar may on his motion and shall, at the request of any such person, submit the matter to the Syndicate whose decision thereon shall be final."
(3.) It is the case of the petitioner that in the eventuality of the appointment of the incumbents on the same day to a particular post by way of direct recruitment, seniority has to be determined on the basis of age. According to him, that is the only reasonable criteria and the petitioner being older in age to Respondents No. 4 and 6, he is senior to them as Professor, having been appointed on the same day as Respondents No. 4 and 6, The Registrar of the University issued an order on 9th February 1991, appointing Dr. Balkar Singh, Respondent No. 4, as the Dean of the Faculty of Humanities & Religious Studies. According to Statute 5 of the University, Dean of the Faculty is to be appointed from amongst Professors in each Faculty by rotation according to seniority. It had, therefore, become obvious from the issuance of the order dated 9th February, 1991, appointing Dr. Balkar Singh as Dean, Faculty of Humanities & Religious Studies that he was being treated senior to the petitioner as a Professor. This led the petitioner to file the present writ petition.;