JUDGMENT 1. Heard Mr. Anupam Mehrotra, learned counsel for the petitioner, Mr. Saurabh Lavania, learned Advocate appearing on behalf of the respondent Nos. 1 and 2 as well as Mr. Sanjay Bhasin, learned Additional Chief Standing Counsel appearing on behalf of the respondent No. 3. 2. The petitioner has assailed the order dated 12.05.2016 issued by the Registrar, King George’s Medical University, Lucknow to the extent it is contrary to the Government Order dated 11.08.2015 since the order impugned dated 12.05.2016 provides the minimum pay scale as well as academic grade pay to the petitioner on the post of Professor lower to the pay scale and grade determined vide Government Order dated 11.08.2015. 3. Shorn off unnecessary details, we state the facts of the case in brief as under: “The petitioner was appointed on the post of Lecturer in King George’s Medical University, Lucknow1 on 19.07.2005 but she was not designated as Assistant Professor since she was not having requisite three years’ teaching experience prescribed by the Medical Council of India2 for having the designation of Assistant Professor. Other teachers, who are placed below to the petitioner in the seniority list at serial No. 3,4,5 and 6, namely Dr. Amrit Gupta, Dr. Sabuhi Qureshi, Dr. Pushp Lata Sankhwar and Dr. Renu Singh, were designated as Assistant Professor due to personal promotion prior to the petitioner on the basis of having requisite three years’ teaching experience. On 08.12.2005 the Executive Council of the University granted designation and pay scale to the Assistant Professors, who were appointed in the Department on 19.07.2005. The Executive Council in its meeting dated 08.12.2005 took a decision that granting of designation and pay scale of the Assistant Professor by virtue of personal promotion to those who were appointed on 19.07.2005 shall not affect the inter se seniority determined by the Selection Committee at the time of initial appointment and under the deeming provision, the petitioner was granted designation of Assistant Professor w.e.f. 27.07.2007. She, on 05.11.2011, was also allowed the salary as was admissible to the post of Associate Professor after completion of four years’ service as Assistant Professor. Further the Vice Chancellor of the University issued direction to the effect that the petitioner’s personal promotion to the post of Associate Professor shall be effective from the date of eligibility i.e. 27.07.2011 on completion of four years’ service as Assistant Professor without any financial benefit.” 4. Further the Vice Chancellor of the University issued direction to the effect that the petitioner’s personal promotion to the post of Associate Professor shall be effective from the date of eligibility i.e. 27.07.2011 on completion of four years’ service as Assistant Professor without any financial benefit.” 4. Accordingly, the next personal promotion of the petitioner to the post of Professor had become due after completion of four years’ service as Associate Professor on 27.07.2015. Though the MCI has laid down the requirement of only three years’ experience as an Associate Professor even then the University did not do anything with respect to the petitioner’s promotion to the post of Professor, whereas it had become due to her on 27.07.2015 as per eligibility criteria provided by the University. On 29.08.2015, the Selection Committee was constituted for determining the suitability for personal promotion to the post of Professor. On 04.09.2015, the Selection Committee recommended the petitioner’s name for promotion to the post of Professor and on the basis of recommendations of the Selection Committee, the Executive Council took a decision on 04.09.2015 to promote the petitioner to the post of Professor. She was promoted as such with immediate effect in the Pay Band-4 of Rs. 37400-67000/- plus Academic Grade Pay of Rs. 10000/-. The petitioner joined as Professor on the same date i.e. 04.09.2015. 5. The Registrar of the University issued the order impugned, whereby the petitioner has been made entitled to Pay Band-4 of Rs. 37400-67000 and Academic Grade Pay of Rs. 9000 on the post of Associate Professor w.e.f. 11.08.2015 and Pay Band-4 of Rs. 37400-67000 and Academic Grade Pay of Rs. 10000 on the post of Professor w.e.f. 05.09.2015. 6. Learned counsel for the petitioner has submitted that the above determination of salary and Academic Grade Pay is contrary to the Government Order dated 11.08.2015 which entitles the Professor of the University to get Pay Band-4 of Rs. 37400-67000 (minimum salary Rs. 51600/-) and Academic Grade Pay of Rs. 10500. In the meanwhile, the University, vide orders dated 01.04.2016 and 11.05.2016 issued by the Registrar (Annexure-17 to the Writ Petition), decided to pay Dr. Pushp Lata Sankhwar, Dr. Sabuhi Qureshi and Dr. 37400-67000 (minimum salary Rs. 51600/-) and Academic Grade Pay of Rs. 10500. In the meanwhile, the University, vide orders dated 01.04.2016 and 11.05.2016 issued by the Registrar (Annexure-17 to the Writ Petition), decided to pay Dr. Pushp Lata Sankhwar, Dr. Sabuhi Qureshi and Dr. Renu Singh, all of whom are Professors of the University in the Department of Obstetrics and Gynaecology, and junior to the petitioner, the salary of Professor as prescribed by the Government Order dated 11.08.2015, which has been denied to the petitioner. 7. Being aggrieved with the determination of salary vide order dated 12.05.2016, the petitioner had submitted so many representations including reminders to the Vice Chancellor of the University to correct the said order and to pay salary as per Government Order dated 11.08.2015 but since she could not get any fruitful result, she represented the State Government but all in vain. Therefore, ultimately she has come forward to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. 8. The respondents, during the course of hearing of the matter, were permitted to correct their mistake in determination of petitioner’s salary by taking decision on the petitioner’s representation in view of the Government Order dated 11.08.2015 but the same has not been corrected so far. Ultimately the Vice Chancellor of the University issued an order dated 17.03.2017 whereby he disposed of the petitioner’s representation and provided that she would be entitled to get Pay Band-4 of Rs. 37400-67000 (minimum salary Rs. 51600/-) and Academic Grade Pay of Rs. 10500 after completion of 13 years’ experience as Lecturer, Assistant Professor, Associate Professor and Professor on 21.07.2017. 9. Learned counsel for the petitioner, Mr. Anupam Mehrotra, has given emphasis over the misunderstanding of the Vice Chancellor upon the provisions of Section 36 of the First Statute of the University, which reads as under: “36. Promotion to the post of Professor and Associate Professor.-(1) Notwithstanding anything contained in any other provision of this Act, an Assistant Professor substantively appointed in the University or an Associate Professor substantively appointed or promoted under this section in University who has put in such length of service and possesses such qualifications as may be prescribed may be given personal promotion respectively to the post of Associate Professor or Professor. (2) The promotion under sub section (1) shall be given on the recommendation of the selection committee constituted under sub section (4) of section 35 in such manner and subject to such conditions as may be prescribed.” 10. In view of the aforesaid provisions, personal promotion depends upon length of service as well as qualifications as may be prescribed Section 2(9) of the University Act defines the term ‘prescribed’ as “prescribed by the Statute”. Thus, the definition of term ‘prescribed’ leads us towards the Statute 10.03(1) of the First Statute of the University, which, after referring to Section 36(1), provides that personal promotion to the post of Professor or to the post of Associate Professor is to be given as per the norms of the MCI or the Dental Council of India, as the case may be. Sub clause (c) of clause (v) of the Statute 10.03(1) further provides that for personal promotion to the post of Professor or Associate Professor, the teacher concerned must possess the requisite qualifications and teaching experience as prescribed by the MCI/Dental Council of India. The provisions made by the MCI are mandatory in the matter of personal promotion, which do not provide any such requirement of 10 and 13 years as stated by the Vice Chancellor. It is also contrary to the provisions of the Minimum Qualifications for Teachers in Medical Institutions Regulations, 19983, which prescribes the minimum qualification as three years teaching experience for Lecturer being designated as Assistant Professor, four years for promotion of an Assistant Professor to the post of Associate Professor and three years for promotion of an Associate Professor to the post of Professor, respectively. The posts of Assistant Professor, Associate Professor and Professor are distinct and different and so are the teaching experience prescribed for each of these posts. The MCI has, as regards teaching experience under the Regulations, 1998, provided that the experience gained as Resident/Registrar/Tutor/Demonstrator during training as a postgraduate student i.e. as Junior Resident (JR)-I, II and III is valid for appointment as Assistant Professor. 11. In view of the aforesaid submissions, it is obvious that the petitioner’s personal promotion to the post of Associate Professor, which was made on 05.11.2011 w.e.f. the date of joining would be effective from the date of eligibility i.e. 27.07.2011 after completion of four years’ service as Assistant Professor without any financial benefit of arrear payment for retrospective period. 11. In view of the aforesaid submissions, it is obvious that the petitioner’s personal promotion to the post of Associate Professor, which was made on 05.11.2011 w.e.f. the date of joining would be effective from the date of eligibility i.e. 27.07.2011 after completion of four years’ service as Assistant Professor without any financial benefit of arrear payment for retrospective period. Though it was settled by the University that personal promotion is to be effective from the date of eligibility but the University did not adhere to this at the time of making the personal promotion of the petitioner to the post of Professor. Later on when the petitioner was promoted to the post of Professor, her promotion was deemed to be effective from the date of joining not from the date of eligibility. 12. The State Government has made an effort to justify their action by classifying the post of Professor in two categories. One was clothed with full salary of Professor as it provided under the Government Order dated 11.08.2015, whereas next other has been designated as Professor Junior Grade (Additional Professor) and the distinct pay band as well as academic grade has been provided, which are available after completion of three years’ service on the post of Associate Professor. However, the respondents have failed to substantiate this classification with any of the provisions of Statute of the University as well as the provisions made by the MCI/Dental Council of India. Statute 10.01 of the University has categorized the post of teachers in the following manner: “Statute 10.01.- (1) ... (2) ... (3) The following shall be the different categories/statutory positions of the University teachers/faculty members: - (a) Professor; (b) Associate Professor; (c) Assistant Professor/Lecturer.” 13. Regard being had to the aforesaid submissions, we hold that the order dated 12.05.2016 issued by the Registrar of the University is unsustainable being in violation of the provisions of the First Statute of the University as well as Regulations framed by the MCI and the Government Order dated 11.08.2015, therefore, we hereby quash the order dated 12.05.2016 passed by the Registrar of the University. We further issue a writ of mandamus to the respondents to reconsider the petitioner’s matter of personal promotion to the post of Professor, Associate Professor and Assistant Professor strictly in accordance with the Regulations framed by the MCI viz. We further issue a writ of mandamus to the respondents to reconsider the petitioner’s matter of personal promotion to the post of Professor, Associate Professor and Assistant Professor strictly in accordance with the Regulations framed by the MCI viz. Regulations, 1998 as amended in 2009 for determination of petitioner’s minimum salary on the post of Professor in the Department of Obstetrics and Gynaecology in terms of Government Order dated 11.08.2015 in the Pay Band-4 of Rs. 37400-67000 (minimum salary Rs. 51600/-) and Academic Grade Pay of Rs. 10500 w.e.f. 04.09.2015. 14. With the aforesaid directions, the writ petition stands allowed. There shall be no order as to costs.