JUDGMENT B.N.S. Sapru, J. - The petitioner in the instant writ petition has challenged the order of the Vice-Chancellor, Kanpur University dated 9-1-1984 and of the Chancellor of the Kanpur University dated 28-2-1985 dismissing the petitioners representation. 2. The dispute relates to relative seniority of the petitioner N.S. Verma and of the respondent no. 3 Dr. K.P. Hajela who were both lecturers in Zoology in D.A.V. College, Kanpur. The material facts are that Dr. K.P. Hajela joined the College as a lecturer in a substantive capacity in Zoology on 1-9-1949 while the petitioner joined the college as Lecturer in Zoology in the substantive capacity on 12-9-1949. Thus Dr. K.P. Hajela was initially senior to petitioner in the college as he was appointed in a substantive capacity earlier than N.S. Verma. 3. In 1980 Dr. K.P. Hajela proceeded on leave without pay with effect from 24-12-1980 to 31-7-1983 in order to take up a teaching assignment in South Yemen at the University of Aden College of education. Dr. K.P. Hajela went for an assignment and his name was sponsored by the Govt, of India, Ministry of Home Affairs. The Government of India, vide letter dated November 29, 1980 (Annexure 2 to the rejoinder affidavit) addressed to the Principal, D.A.V. College, Kanpur informed that if there is no objection the candidate (Dr. K.P. Hajela) should be treated on deputation to the foreign Government in public interest with lien retained on the post held by him. On return, on the expiry of leave Dr. K.P. Hajela rejoined the college, the petitioner made a representation to the Principal of the D.A.V. College Kanpur explaining that he is senior to Dr. K.P. Hajela. The Principal by order dated 1-9-1983 declared the petitioner as senior to Dr. K.P. Hajela. Dr. K.P. Hajela went up to the Vice Chancellor against the order of the Principal who reversed the decision and held Dr. K.P. Hajela to be senior to the petitioner. The petitioner filed a representation dated 2-2-1984 to the Chancellor under Section 68 of the U.P. State Universities Act. The said representation as mentioned above has been dismissed by the Chancellor vide order dated 28-2-1985. 4. The question of inter se seniority of N.S. Verma and Dr. K.P. Hajela has to be determined in the context of the facts mentioned above on the basis of the statutes applicable to the Kanpur University. 5. The said representation as mentioned above has been dismissed by the Chancellor vide order dated 28-2-1985. 4. The question of inter se seniority of N.S. Verma and Dr. K.P. Hajela has to be determined in the context of the facts mentioned above on the basis of the statutes applicable to the Kanpur University. 5. The First Statutes of the University of Kanpur came into force on July 1, 1977, Statute 1.02 (1) provides as under - "1.02(1) All existing Statutes and all such Ordinances in force in the University as are inconsistent with these Statutes, are to the extent of such inconsistency, hereby rescinded and Shall forthwith cease to have effect except as respects things done or omitted to be done before the commencement of these Statutes." 6. The Statutes of Kanpur University before coming into force of the First Statutes provide in Statute 11.34 as follows - 11.34 (1) Subject to the provisions of this Statute the seniority of teachers in a particular college shall be determined by the length of service in that college in the same cadre and in the same grade. 2. The periods of service in another University, associated/affiliated college in the same or higher cadre and grade shall also count towards seniority if the University or college is situated in Uttar Pradesh and the college is affiliated to or associated with one of the Universities in the State. 3. Service in an officiating capacity shall not be counted. Temporary service shall be counted only it it is in continuation of a subsequent permanent appointment. 4. The period of leave without pay shall not be counted in calculating the seniority unless during Such leave another position involving Similar work was held or it was medical leave." 7. It is the submission of the petitioner that there is no inconsistency between the old Statutes and the First Statutes of the Kanpur University and that Statutes 11.34 (1) govern the seniority. Under statutes 11.34(2) the period of service in another University, associated/affiliated college in the same or higher cadre and grade shall also count towards seniority if the University or college is situated in Uttar Pradesh and the college is affiliated to or associated with one of the Universities in the State. It is submitted that the service reader ed by Dr. K.P. Hajela at the University of Aden College of Education cannot count towards his seniority. It is submitted that the service reader ed by Dr. K.P. Hajela at the University of Aden College of Education cannot count towards his seniority. On a plain reading of this statute the argument on behalf of the petitioner is correct and the service rendered by Dr. K.P. Hajela at the University of Aden College of Education cannot count to wards his seniority. In the alternatively it was argued on behalf of the petitioner that even under the First Statutes the petitioner is senior to Dr. K.P. Hajela Statutes 18.10 of the First Statutes of Kanpur University runs as follows :- "18.10. The following rules shall be followed in determining the seniority of Principals and other teachers of affiliated Colleges - (a) the principal shall be deemed senior to other teachers in the college ; (b) the Principal of a post graduate college shall be deemed senior to the Principal of a Degree college ; (c) the seniority of Principals and teachers of the affiliated colleges shall be determined by the length o f continuous service from the date of appointment in substantive capacity ; (d) service in each capacity (for example, as Principal or as a teacher) shall be counted from the date of taking charge pursuant to substantive appointment ; (e) service in a substantive capacity in another University or another degree or post graduate college, whether affiliated to or associated with the University or another University established by law shall be added to his length of service." 8. Initially Dr. K.P. Hajela was senior. However, by the operation of the Statutes he became Junior to N.S. Verma. In order to count towards seniority under Statute 18.10 (e) service in substantive capacity in another University or college affiliated to or associated with the University or another University established by law shall be added to his length of service. Statute 18.10 (e) contemplates a University established by law made by the State. It is unnecessary to decide whether the University must be established by law by the Union legislation or by the State legislation. See in this connection the decision of single Judge in the case of Ram Surat Tripathi v. Satya Narain Shahi and others 1972 Lab. IC 255. The service in an University not established by law cannot be held to be service as a lecturer. As such the service of Dr. See in this connection the decision of single Judge in the case of Ram Surat Tripathi v. Satya Narain Shahi and others 1972 Lab. IC 255. The service in an University not established by law cannot be held to be service as a lecturer. As such the service of Dr. K.P. Hajela in the University of Aden College of Education cannot be joined to his earlier a N.Subsequence Service in D.A.V. College Kanpur. Under the first Statutes also N.S. Verma is senior in service to Dr. K.P. Hajela. 9. Sri A.S.C. Bhalla, appearing for the respondent has urged that the petitioner has no locus standi to file the writ petition as he left the D.A.V. College Kanpur and had got another appointment. In paragraph 20 of the counter affidavit it is stated that N.S. Verma after being appointed to D.A.V. College Kanpur joined the post of Principal DAV College Dehradun on 21-1-1978 and he remained there as a Principal for more than two years. He is thus stated to have lost his claim on a post in the department of Zoology, D.A.Y. College Kanpur. It is then stated that N.S. Verma resigned from the post of Principal D.A.V. College Dehradun and again joined as Principal D.V.S. College Kanpur and that he left the post of Principal D.A.V. College Kanpur and came back to the old department of Zoology at D.A.V. College Kanpur. The Vice Chancellor in his order in favour of Dr. K.P. Hajela had noticed this argument but had come to the conclusion that the services of N.S. Verma at Dehradun and D.V.S. College. Kanpur will count towards the seniority of N.S. Verma. Under the Statutes the service in an affiliated college in the same grade or higher grade can be counted towards the seniority. The appointment of Shri N.S. Verma has not been challenged. As such it is not open to Dr. K.P. Hajela to challenge the petitioner's status to file the present writ petition. 10. Sri R.N. Bhalla urged that estoppel operated in favour of N.S. Verma as the Principal of the college gave assurance to Dr. K.P. Hajela before he went on foreign assignment that his seniority will be not questioned. In the first place no assurance by the then Principal is established on the record. 10. Sri R.N. Bhalla urged that estoppel operated in favour of N.S. Verma as the Principal of the college gave assurance to Dr. K.P. Hajela before he went on foreign assignment that his seniority will be not questioned. In the first place no assurance by the then Principal is established on the record. In any case the Principal could not give an assurance which was contrary to the provisions of the Statutes of the University. In any case N.S. Verma gave no assurance to Dr. K.P. Hajela that he would not question his seniority. As such there can be no estoppel as against him. 11. In the result the writ petition succeeds and is allowed. The impugned order of the - Vice Chancellor dated 9-1-914 (Annexure 2 to the writ petition) and of the Chancellor dated 28-2-1984 (Annexure 4 to the writ petition) are quashed. As a consequence the order of the Principal DAV College Kanpur dated 1-9-1983 holding Sri N.S. Verma to be senior to Dr. K.P. Hajela will stand. The parties will bear their own costs.