MILAP CHAND JAIN,J. - (1.) THE petitioner by this writ petition seeks to quash the seniority rules for teachers of the University of Jodhpur resolved by the Syndicate and issued vide notification No. R/SR/1 dated 7 -1 -1984 (Annx. 9). He had also prayed for quashing the seniority list dated 31 -10 -1983 in so far as it relates to the respondents No. 2 to 15. He has further sought a declaration to the effect that the petitioner is senior to the respondents No. 2 to 15.
(2.) I may state come relevant facts. The petitioner was appointed as Lecturer in Chemistry pursuant to his selection by the Rajasthan Public Service Commission vide order dated July 13, 1957. His appointment was under the Rajasthan Educational Service (Collegiate Branch) Rules. He was confirmed on the said post w.e.f. July 20, 1958. While the petitioners were holding that post, the University of Jodhpur came to be established and all the Colleges located at Jodhpur were made constituent of that University and members of the Rajasthan Education Services were given opportunity to opt for the services of the University of Jodhpur. Those who opted, were screened by the Screening Committee appointed by the State Government. However, the petitioner was not selected although he opted for the University Service. Some of the selected members of the RES did not want to continue with the University and had sought reversion to the RES. Faced with that situation, some correspondence ensued between the Director of College Education and Officers -on -Special Duty, University of Jodhpur. The Director of College Education, by his D.O. letter dated 11 -6 -1963 (Annx. 23) informed the Education Secretary that the University would be agreeable to consider recommendations from the Government before making any open recruitment and that he has addressed letters to both the Universities. It was suggested by him that if the university agrees to the proposal, then suitable persons may be recommended to the Universities and the matter may also be disscused in the meeting of the Co -ordination Committee of the Universities. The Director of College Education further addressed the letter dated 11 -6 -1963 (Annx. 24) to the Special Officer, University of Jodhpur stating that about 20 Lecturers will be returning to Government service and a similar number will be reverting to the RES from the University of Rajasthan. The posts taken over from the Government Colleges were filled by recruitment. The reversion of more than 40 Lecturers from the two different Universities has created some difficulties for (he Government because in certain subjects no vacancies exist in the Government Colleges. To absorb such returning persons to Government Service, it was suggested that the University may consider whether it would be possible to recruit from the RES again the same number of Lecturers in the different subjects as are reverting to Government Service. It was stated that it is understood that the University may make due selection for its teaching posts but all that is desired is that the RES personnel may first be considered for filling those vacancies created by the reversion of other RES personnel now on deputation, it was further stated that if the proposal is accepted the names will be recommended to the University for different subjects and the University Selection Committee may duly examine the credentials of such persons and make a decision. Another letter dated 1 -7 -1963 (Annex. 25) was written to the Special Officer, University of Jodhpur, whereby, a list of Officers of the RES (opted for University Service) was enclosed there with for being appointed after interview by the Selection Committee. Their option forms were also enclosed. The petitioner's name appeared at S. No. 21 in the subject of Chemistry. The Special Officer with reference to the letter dated 11 -6 -1963 wrote back to the Director of College Education on 3/4th July, 1963 (Annx. 26) informing that the Selection Committee for Chemistry will meet on 11 -7 -1963 at 4 p.m. The Lecturers whose names were recommended may be asked to appeal before the Selection Committee. The Director of College Education by his letter dated 4 -7 -1963 (Annx. 1) sent the list of the persons showing their present posting to facilitate, to call them for interview and it was also informed that the candidates in the departments of Chemistry, Physics and Commerce may be informed to appear for interview on trunk. Simultaneously, he also intimated to their respective Principals by his letter dated 4 -7 -1963 (Annx. 16) to inform the candidates to appear for interview at Jodhpur on 11 -7 -1963 at 4 p.m. The petitioner's case is that he appeared before the Selection Committee on 11 -7 -1963 and was selected and appointment letter dated 16 -7 -1963 was issued. Pursuant thereto, the petitioners joined the University Service on 1 -8 -1963. The petitioner was appointed on the salary of Rs. 400/ - per month in the scale of Rs. 4QO -30 -640 -EB -40 -800. The petitioner made a representation (Annx. 3) on 21 -10 -1963, in which he enclosed true copy of L.P.C. which showed that he drew his last salary Rs. 410/ - per month. It was stated by him that when he was sent by the Government for interview for the post, he was given an understanding that his posting in the University will be on deputation, so he thought that there would be no deduction in his salary and his case as regards the salary and service, would be considered at par with the other RES candidates and he requested to issue orders for his fixation of salary and service at par with the other candidates. The petitioner's salary was then revised by the University by raising his salary to bring it at par by taking into account the increments etc. earned by him prior to the appointment in the University as a member of RES. The petitioner, therefore, pleaded that his appointment was not made by direct recruitment but was an appointment being a member of the RES. The petitioner's further case is that at one stage, one Dr. K.C. Grover, who was appointed on or before 14 -12 -1962 by the Vice Chanceller sought seniority over the RES officers but the RES officers submitted their representation in this regard. The officer on Special duty, Shri R.C. Kapur in order to allay the fears of the RES Officers placed item No. 7 of the Agenda referred to in Annx. 3A, which is as under: Seniority of Teachers of the University is determined on the following basis - LECTURERS: (1) RES Cadre seniority can be retained. (2) Non -RES Lecturers to be fitted into this list on the basis of number of years of continuous degree teaching done by them. (3) The teachers of Rajasthan College, who have been deputed by the Government of Rajasthan should be treated as persons outside the RES Teachers and their Seniority should be determined on the basis of Clause 2 above.READERS: ... ... ... ... ...PROFESSORS: ... ... ... ... ...
(3.) ACCORDING to the petitioner's information the Vice Chancellor approved the Rules for seniority referred to in Annex. 3A, and the provisional seniority list attached to Annex. 4 was prepared in accordance with those rules. The petitioner was assigned seniority at S. No. 13 in the department of Chemistry. The Syndicate vide its resolution No. 23 dated 26 -2 -1966 appoint -ted Shri Poonamchand Bishnoi Committee consisting of Shri R.C. Kapur and Shri N.M. Kothari for framing rules of seniority on which the Committee recommended the following relevant rules: (1) The Committee was of the opinion that it would not be desirable after such a lapse of time to lay down any new set of principles for determining the seniority of lecturers, who joined the University before 1 -3 -1964. The Committee, therefore, recommends that the principles already approved by the University may be adhered to with certain modifications and clarifications as here in after explained for determining the seniority of Lecturers/Readers who were in the service of the University before 1 -3 -1963. (i) RES Cadre seniority to be retained. (ii) Non -RES Lecturers to be fitted into this on the basis of number of years of continuous degree teaching done by them immediately preceding the date of joining the University. (iii) The teachers of the Rajasthan College, who have been deputed by the Government of Rajasthan should be treated as persons outside RES Cadre and their seniority should be determined on the basis of Clause (ii) above note; (a) If a teacher was not in service in any University or recognised college immediately before he joined this University, he may be deemed as a fresh employee. (b) 'Continuous degree teaching' includes continuous service followed by research or higher studies on study leave. (2) Seniority may be determined subject -wise. Note: The Seniority of a teacher in General Science will be determined from the date he is attached to a particular department to teach the subject to that Department. ;