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2002 DIGILAW 154 (ALL)

NANDITA SINGH v. CHANCELLOR, DEEN DAYAL UPADHAYAY, GORAKHPUR UNIVERSITY

2002-01-24

M.KATJU, S.K.SINGH

body2002
M. KATJU, J. ( 1 ) HEARD learned counsel for the parties. ( 2 ) THE petitioner has challenged the impugned order of the Chancellor dated 5. 10. 1999 (Annexure-15 to the writ petition ). We have carefully perused the impugned order and find no illegality in the same. ( 3 ) THE petitioner was a senior Lecturer in the Department of English. Deen Dayal Upadhayay, gorakhpur University, having been appointed on 27. 4. 1987. The post of Reader in English department was advertised on 20. 2. 1998 and petitioner and respondent No. 4 applied for the same. ( 4 ) THE respondent No. 4 had earlier on 24. 11. 1997 applied for promotion as Reader in the english Department by personal promotion. However, she applied again for the post of Reader on regular basis, and she has been selected on 20. 9. 1998 by the Selection Committee of the university. By its resolution dated 11. 10. 1998 the Executive Council appointed respondent No. 4 as Reader both on regular basis and by personal promotion. ( 5 ) THE submission of learned counsel for the petitioner was that the petitioner had been placed at serial No. 2 in the list of selected candidates, while respondent No. 4 was at serial No. 1, and hence the submission was that since the respondent No. 4 had already been selected as Reader by personal promotion, she could not be selected again as a Reader by a regular selection. We do not agree with this submission. It has been held by a Division Bench of this Court in M. P. Joshi v. University of Kumaon, Nainital and Ors. , (2001) 1 UPLBEC 470, that a person who had already been promoted as Reader by personal promotion cannot be promoted as Professor by personal promotion. No doubt this decision was regarding the Kumaon University but the gorakhpur University also has a similar statute as Kumaon University namely statute 11. 12b (6)which states : " (6) The benefit of personal promotion shall be admissible to Lecturers for promotion to the post of Reader only and Reader so appointed by promotion shall not be entitled to personal promotion on the post of the Professor. 12b (6)which states : " (6) The benefit of personal promotion shall be admissible to Lecturers for promotion to the post of Reader only and Reader so appointed by promotion shall not be entitled to personal promotion on the post of the Professor. " ( 6 ) SINCE, the respondent No. 4 had been promoted as Reader on personal promotion, she would be deprived of a chance of promotion as a Professor by personal promotion unless she is regularly selected as Reader. Thus, a person who has been promoted as Reader by personal promotion does not enjoy the same position as a person who has been regularly selected as reader. The submission of learned counsel for the petitioner that a Reader appointed by personal promotion stands on the same footing as a Reader appointed after a regular selection is, therefore, liable to be rejected. The respondent No. 4 was thus entitled to seek regular selection as Reader despite the fact that she was already Reader by personal promotion, since otherwise her chances of personal promotion as Professor would be adversely affected. Moreover, in this case the respondent No. 4 was granted both regular selection as well as personal promotion as reader, by the same decision of the Executive Council, dated 11. 10. 1998 vide Annexure-1 to the counter-affidavit of respondent No. 4. Thus, there is no force in this petition and it is dismissed. .