S.C.AGRAWAL, J. - (1.) DR . Krishna C. Mathur, the petitioner, in this writ petition filed under Article 226 of the Constitution, is employed as lecturer in the Department of Chemistry in the University of Jodhpur (hereinafter referred to as the 'University'). He was appointed on the said post in)July, 1963. Respondents No. 5 to 32 in this writ petition, are employed as Professors and Readers in the various departments of the University. The University has been established under the provisions of the jodhpur University Act. 1962 (hereinafter called the 'Act'. The Act has constituted various authorities, namely, Syndicate, Academic Council etc for the discharge of the various functions entrusted to them under the Act. Under, Section 16 of the Act, the Syndicate is the executive body of the. University whereas under Section 15 of the Act, the Senate is the supreme authority of the University vested with the power to review the acts of Syndicate and the Academic Council and also to exercise all the powers of the University not otherwise provided for by the Act or the Statutes. When the University was constituted in 1962, a number of colleges were absorbed in the University and the teachers working in those colleges were appointed as the teachers of the University. Under the Act and the Statutes framed thereunder, there exists no provision for promotion of a teacher from one post to another and all appointments on the post of Professors, Readers and Lecturers in the University are required to be made by selection on the basis of merit. The result is that a number of teachers of the University have continued to remain on the posts on which they were initially appointed Those teachers, if they had remained with the colleges, would have been promoted as Heads of Departments or Principals in the mean time. Proposals for relieving the hardship caused to such teachers by giving promotions had been under consideration of the authorities of the University for some time past. One such proposal was to add Clause (6) in Statute 18 so as to make provision for promotion of teachers who had been teachers in the University for 12 years after assessment by a Screening Committee. The aforesaid proposal was considered by the Senate at its meeting held on May 6 and 7, 1978 wherein it was resolved that the proposed amendment may be referred to the Syndicate for consideration, After the aforesaid meeting of the Senate, the Academic Council of the University, by its resolution dated May 14, 1978 appointed a sub -committee. The said sub -committee framed certain rules for personal promotion of the teachers. Subsequently, the Academic Council, at its meeting held on 3rd November, 1978, approved the scheme for Ex Cadre Personal Promotion for permanent Demonstrators/Lecturers/Readers working in the University and recommended the same for adoption by the Syndicate. The meeting of the Syndicate was held on 9th November, 1978 and at the said meeting, the Syndicate after considering the recommendations of the Academic Council passed resolution No. 168 adopting the following scheme for Ex. Cadre Personal Promotion for permanent Demonstrators/Lecturers/Readers working in the University (hereinafter referred to as the 'Ex Cadre Personal Promotion Scheme'): (a) The Scheme for ex -cadre personal promotion for permanent Demonstrators, Instructors, Lecturers and Readers working in the University, as recommended by the Academic council, be adopted in the following modified form: (1) A permanent Demonstrator/[nstructor/Lecturer/Reader in a Department shall be eligible for promotion to a higher post on an ex -cadre basis on fulfilling the following conditions: (i) He/She has but in at least 15 years service in this University. (ii) He/She had not had any promotion or selection on substantive basis to the higher post in this University in the aforesaid period. (iii) A Reader should have attained the age of 50 years for being eligible for promotion and a Lecturer/Demonstrator Instructor should have attained the age of 45 years for being eligible for such a promotion under this scheme. (iv) For ex -cadre promotion to the post of a Professor, a Reader must possess a deree of Ph. D. (v) An ex -cadre promotion shall be given only once during the entire period of service. (2)(i) The number of Lecturers promoted to Readership on an. ex -cadre basis shall be one upto a sanctioned strength of 14 lecturers in a department and 2 for a department which has a sanctioned strength of 15 or more lecturers. , (ii) The number of Readers to be promoted to the next higher cadre shall be limited to one in a department. (iii) One Instructor or Demonstrator in each department be given a Selection Scale as to be determined by the Syndicate. (3) Ex -Cadre promotions shall be made by seniority provided that if the senior most in a department is not found suitable for promotion by the Syndicate, the next person in seniority shall be considered for such a promortion. n (4) Suitability for ex cadre promotions shall be decided by the Syndicate on the recommendation by the Vice Chancellor, who before making such a recommendation shall consult the Head of the Department and the Dean of the Faculty concerned. (5) The promotion thus given shall be personal to the incumbent in lieu of his post which shall be kept in abeyance. (6) The pessons being appointed by ex -cadre promotion shall be junior to those appointed by open selection if in the same session (i.e. from the day of reopening to the day of next reopening of University) By its resolution aforesaid, the Syndicate further resolved that in pursuance of the provisions of the Ex -Cadre Personal Promotion Scheme, respondent No. 5 to 8 shall be promoted as Professors in their respective departments and respondents No. 9 to 32 shall be promoted as Readers in their respective departments Being aggrieved by the aforesaid resolution No. 168 passed by the Syndicate at its meeting held on November 9, 1978 adopting the Ex -Cadre Personal Promotion Scheme and promoting respondents No. 5 to 32 to the post of Professors and Readers, the petitioner 61ed this writ petition on 23th November, 1978.
(2.) IN the writ petition, the petitioner has prayed for the issue of a writ of certiorari or any other writ or direction quashing the resolution No. 168 dated November 9, 1978 passed by the Syndicate adopting the Ex -Cadre Personal Promotion Scheme as well as the appointments of respondents No. 5 to 32 to the post of Professors and Readers made in pursuance thereof In the writ petition, the petitioner has also prayed for the issue of a writ of prohibition or other writ, order or direction restraining the Syndicate from confirming the impugned resolution No. 168 and for the issue of an appropriate writ, order or direction restraining the respondents No. 5 to 8 from functioning as Professors and respondents No. 9 to 32 as Readers in pursuance of the impugned resolution No. 168. During the pendency of this writ petition, the Syndicate at its meeting held on 30th November, 1978 approved the impugned resolution No. 168 passed by it on November 9, 1978 with the modification that the word personal be added after the word eligible for' and before the word 'promotion' in para(i) of the scheme In view of the aforesaid resolution passed by the Syndicate on November 30, 1978 confirming the 'resolution No. 168 prayer (iii) in the writ petition with regard to the issue of a writ of prohibition or any other writ, order or direction restraining the Syndicate of the University from confirming the resolution No. 168 cannot be granted and the relief, as claimed by the petitioner in the writ petition, is confined to the quashing of resolution No. 168 passed by the Syndicate on November 9, 1978.
(3.) IN the writ petition, the petitioner has challenged the validity of the Ex Cadre Personal Promotion Scheme on the ground that it is violative of the provisions of Articles 14 and 16 of the Constitution of India and that it contravenes the provisions of Sections 3(1) and Section 5(3) of the Rajasthan Universities Teachers and Officers (Special Conditions of Service) Act, 1974 and that it contravenes the previsions of Statute No. 5(2) of the Statutes and Ordinance No. 317 of the Ordinances of the University.;