1. The respondent nos. 3 to 12 from amongst the Section Officers have been promoted to the posts of Assistant Registrars, which according to the petitioners (PAs) is in violation to Statute IV (b) contained in Chapter III page 93 of University of Jammu Calendar 2010. 2. It is the contention of the petitioners (PAs) that whenever vacancies of Assistant Registrars become available, 50% of such vacancies are to be supplied by direct recruitment and 50% from amongst the Section Officers and PA-cum-Stenos in the ratio of 2:1. 3. It is further projected that respondent nos. 3 to 12 were not eligible for promotion as they did not possess requisite service of three years as Section Officers, which is the requirement in terms of SRO 183 dated 10.10.1999 as being applicable to lite University employees because when University does not have its own service rules then rules prescribed by the State Government for its employees are mutatis mutandis applicable to the employees of the University. 4. In opposition, respondent nos. 1 and 2 (University) have denied the contentions of the petitioners and have claimed that whenever the vacancies arose, in the ratio which is admissible to the cadre of PAs, same have been filled up from amongst them. As on date, out of promotion quota of 15 posts of Assistant Registrars, eight Section Officers and seven PAs are occupying the posts of Assistant Registrars, so PAs have been promoted in excess to their quota. 5. It is stated that right from the year 1990 the pattern of filling up the posts in the cadre of Assistant Registrars is clear from the table appended to the objections. It is further added that SRO 183 dated 10.10.1999 is not applicable to the University employees in view of Chapter-Ill of the University of Jammu Calendar 2010. Statute IV at page No. 93 governs the recruitment/promotions to the posts of Assistant Registrars. 6. With the consensus of learned counsel for the parties, Petition is formally admitted and taken up for final disposal. 7. Statute IV contained in the Chapter III of the University of Jammu Calendar Vol. 1 at page 93 (hereinafter referred to as Calendar 2010) applicable to the present case reads as under: "IV Assistant Registrars and Equivalent Posts. The posts shall be filled up.
7. Statute IV contained in the Chapter III of the University of Jammu Calendar Vol. 1 at page 93 (hereinafter referred to as Calendar 2010) applicable to the present case reads as under: "IV Assistant Registrars and Equivalent Posts. The posts shall be filled up. a) to the extent of 50% by direct recruitment; and b) to the extent of 50% by promotion on the basis of merit-cum-seniority from amongst the eligible Selection Officers and P.A-cum-Stenos in the ratio of 2:1 respectively. ii) "Good academic record plus Master's degree with atleast 55% (50% in the case of SC/ST category) of the marks or its equivalent grade of B in the UGC seven point scale." 8. It is clear that the posts of Assistant Registrars are to be filled up 50% by direct recruitment and 50% by promotion from amongst eligible Section Officers and PA-cum-Stenos in the ratio of 2:1 respectively. Respondents have appended to their objections the existing cadre strength of Assistant Registrars which reveals that in total 29 posts of Assistant Registrars exist, out of which 14 posts will go to direct recruitment and 15 to promotion quota. Out of 15 posts of promotion quota in the ratio of 2:1,10 will go to the share of Section Officers and 5 will go to PAs. As on date, eight posts are occupied from the source Section Officers and seven posts from the source PAs. Same position is not denied. 9. What is the actual grievance of the petitioners is that whenever any vacancy of Assistant Registrar from amongst the promotion quota will arise in the ratio of 2:1, promotion shall be granted to the Section Officers and PAs respectively. It is clear that there are two sources for promotion quota i.e from Section Officers and PAs. At any given point of time, both Section Officers and PAs shall not exceed their quota i.e when, the quota of Section Officers and likewise the quota of PAs is complete, thereafter the vacancies as shall become vacant shall have to be supplied by promotion from the source to which vacancy belongs. When from amongst 10 Assistant Registrars promoted from the source of Section Officers, vacancy arise, same has to be filled up from amongst the Section Officers and whenever vacancy arise from the source of PAs, vacancy has to be supplied from the PAs. 10.
When from amongst 10 Assistant Registrars promoted from the source of Section Officers, vacancy arise, same has to be filled up from amongst the Section Officers and whenever vacancy arise from the source of PAs, vacancy has to be supplied from the PAs. 10. Eligible PAs shall have to wait for the vacancy as may arise from amongst Assistant Registrars who have been promoted from the source of PAs quota and eligible Section Officers have to wait for the vacancy as may arise from amongst Assistant Registrars promoted from the source of Section Officers. 11. Rule of quota is to be adhered to strictly i.e, at any given point of time, quota has not to be exceeded. If submission of petitioners is accepted that whenever the vacancy of Assistant Registrars from amongst the promotion quota will arise, same has to be supplied by adopting ratio of 2:1, then same will negate the basics purpose and object of the quota. PAs cannot claim promotion to the posts of Assistant Registrars in excess to the quota. However, in case the cadre strength of Assistant Registrars is increased then from increased number viz-a-viz promotions quota, promotion has to be on 2:1 pattern, but again in any case quota position has to be maintained. 12. Roster has to operate and will continue to operate only till the quota of the respective sources is complete. Roster has not to be operated in a manner which would result in disturbing the quota position. 13. Following portion from para 5 of the judgment rendered by the Hon'ble Supreme Court in case titled R. K. Sabarwal and others Versus State of Punjab 1995 (SCC 745) shall be advantageous to be quoted for strengthening the view point. "5.....In other words in the cadre of 100 posts when the posts earmarked in the roster for the Schedule Castes and the Backward Classes are filled the percentage of reservation provided for the reserved categories is achieved We see no justification to operate the roster thereafter. The "running account" is to operate only till the quota provided under the impugned instructions is reached and not thereafter.
The "running account" is to operate only till the quota provided under the impugned instructions is reached and not thereafter. Once the prescribed percentage of posts is filled the numerical test of adquancy is satisfied and thereafter the roster does not survive." It shall also be relevant to quote the following portion from the same para: "The vacancies arising in cadre, after the initial posts are filled, will pose no difficulty. As and when there is a vacancy whether the permanent or temporary in a particular post the same has to be filled from amongst the category to which the post belonged in the roster. For example the Schedule Caste persons holding the posts at roster points 1,7 and 15 retire then these slots are to be filled from amongst the persons belonging to the Schedule Castes. Similarly, if persons holding the post at points 8 to 14 or 23 to 29 retire then these slots are to be filled from the general category. By following this procedure there shall neither be shortfall nor excess in the percentage of reservation." 14. Applying the principle to the present case, grouse of the petitioners' pales into insignificance. The quota for promotion to the post of Assistant Registrar from the source of PAs has already been exceeded to the disadvantage of Section Officers. Therefore, petitioners (PAs) as on date are not entitled to promotion in excess to the quota. 15. Coming to the next point, as to whether respondent nos. 3 to 12 for promotion to the post of Assistant Registrars were required to possess three years of experience as Section Officers which is requirement for the Government employees in terms of SRO 453 notified on 12th October, 1999. The petitioners as well as respondents are employees of the University; it is only when University does not have its own Service Rules only then Rules applicable to the Government employees are to be applied. 16. Chapter-III of University of Jammu Calendar 2010 provides for qualification, procedure of selection, condition of service etc. vis-'-vis University teachers/officers and others vis-'-vis Deputy Registrars and equivalent posts method, manner, experience qualification is also prescribed; likewise Statute-IV provides method, requisite qualification for the post of Assistant Registrars and equivalent posts. Requirement of experience of three years as Section Officers is not prescribed for promotion to the post of Assistant Registrars.
vis-'-vis University teachers/officers and others vis-'-vis Deputy Registrars and equivalent posts method, manner, experience qualification is also prescribed; likewise Statute-IV provides method, requisite qualification for the post of Assistant Registrars and equivalent posts. Requirement of experience of three years as Section Officers is not prescribed for promotion to the post of Assistant Registrars. When University has its own Statutes/Regulations governing terms and conditions of the service, then rules applicable to the State Government are not to be applied. Therefore, contention of the petitioners that respondent nos. 3 to 12 were required to possess three years experience as Section Officers in view of SRO 453 issued on 12th October, 1999 is without any merit because same is not applicable. 17. Viewed thus, the quota of PAs for promotion to Assistant Registrars has been exceeded; therefore, this position has to be taken care of by the respondents (Authorities) i.e., balance in promotion from two sources Section Officers and PA-cum-Stenos in the ratio of 2:1 shall be ensured. 18. Petition being without merit shall stand dismissed accordingly along with connected CMA. 19. No order as to costs.