DEVI PRASAD SHUKLA Vs. RAVI SHANKAR UNIVERSITY RAIPUR MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India, has been filed by the petitioner, praying inter alia that the seniority list of Principals of colleges affiliated to Ravi Shankar University, Raipur (Petitioner's Annexure 'h') which was issued by the Registrar of the said university vide his memo dated 7-2-1974 be ordered to be corrected.

(2.) EXCEPTING for a short controversy, the facts are not very much in dispute in the present case. The petitioner was the Principal of the G. M. D. Post Graduate College, Bilaspur from 1-9-1956, which was affiliated to the ravi Shankar University, Raipur. This university by its memo dated 11-10-1971 (Petitioner's Annexure 'd'), issued an advertisement inviting applications for a temporary post of Development Officer under the University grants Commission scheme. The petitioner also applied for this post and was appointed to the said post in the university with effect from 18-1-1972. The advertisement was for appointment on temporary basis only upto 31-3-1974. The petitioner was on leave from the said college from 18-1-1972 upto 31-3-1974 but ultimately remained on leave till 24-3-1974 only.

(3.) FOR a proper appreciation of the further facts, we may here refer to some relevant provisions of law. The Madhya Pradesh Vishwa Vidyalaya adhiniyam, 1973 (Act No. 22 of 1973), published in the Madhya Pradesh rajpatra (Extraordinary dated 23-4-1973, came into force on 5th May, 1973, vide Madhya Pradesh Government Notification No. 940-XX-VII-73 dated 3-5-1973, issued under section 1 (3) of the said Act. By virtue of section 2 (1)read with First Schedule of the Adhiniyam, the Ravishankar University Act, 1963 was repealed. Section 34 (3) of this Adhiniyam provides as follows:-