The University Of Agricultural ... vs Sri Dr Digambarappa S/O Pandappa ...
2022 Latest Caselaw 9589 Kant

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                                      WA No.100263 of 2022
                                  C/W WA No.100264 of 2022




 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
        DATED THIS THE 24TH DAY OF JUNE, 2022
                        PRESENT
       THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
                           AND
                                                             ®
        THE HON'BLE MR JUSTICE P.KRISHNA BHAT
       WRIT APPEAL NO.100263 OF 2022 (S-RES)
     C/W WRIT APPEAL NO.100264 OF 2022 (S-RES)


IN W.A. NO.100263/2022
BETWEEN:
THE UNIVERSITY OF AGRICULTURAL SCIENCES,
U.A.S.DHARWAD,
REP BY ITS REGISTRAR
SHRI SHIVANAND KARALE,
AGED MAJOR, OCC: SERVICE,
R/O: DHARWAD, DIST: DHARWAD-580003.
                                              ... APELLANT
(BY SRI. RAMACHANDRA A.MALI, ADVOCATE)

AND:

1.   SRI. DR. DIGAMBARAPPA,
     S/O. PANDAPPA BIRADAR,
     AGED MAJOR, PROFESSOR
     AND HEAD OF AGRONOMY,
     UNIVERSITY OF AGRICULTURAL SCIENCES,
     R/O: MADHUBAN, H.NO.6,
     MALAPRABHA NAGAR,
     DHARWAD-580003.

2.   STATE OF KARNATAKA,
     REP BY ITS PRINCIPAL SECRETARY,
     DEPT. OF AGRICULTURE,
     4TH FLOOR, M.S.BUILDING,
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                                      WA No.100263 of 2022
                                  C/W WA No.100264 of 2022




     BENGALURU-01.

3.   DR. R. BASAVARAJAPPA,
     AGED MAJOR, PROFESSOR OF AGRONOMY,
     UNIVERSITY OF AGRICULTURE SCIENCES,
     DHARWAD,
     R/O: 4TH CROSS, SBI COLONY,
     DHARWAD-03.
                                         ... RESPONDENTS
(BY SRI. P.N. HATTI, ADVOCATE FOR C/R1;
 SRI. G.K. HIREGOUDAR, GA FOR R2)

      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, CALL
FOR THE RECORDS IN W.P.NO.100928/2022 (S-RES) ON THE
FILE OF THE LEARNED SINGLE JUDGE OF THIS HON BLE COURT
AND SET ASIDE THE FINAL ORDER DTD.3-6-2022 MADE IN THE
ABOVE WRIT PETITION PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON BLE COURT AS THE SAME BEING
ERRONEOUS AND NOT SUSTAINABLE IN LAW IN THE INTEREST
OF THE JUSTICE AND EQUITY.

IN W.A. NO.100264/2022

BETWEEN:


DR. R. BASAVARAJAPPA,
AGE MAJOR, OCC: PROFESSOR OF AGRONOMY,
(UNIVERSITY OF AGRICULTURE SCIENCES),
R/O: 4TH CROSS, SBI COLONY,
DHARWAD-580005.
                                              ...APPELLANT
(BY SRI. JAGADISH PATIL, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     REP. BY ITS SECRETARY,
     DEPARTMENT OF AGRICULTURE,
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                                      WA No.100263 of 2022
                                  C/W WA No.100264 of 2022




     4TH FLOOR, M.S. BUILDING,
     BENGALURU-560001.

2.   THE REGISTRAR,
     UNIVERSITY OF AGRICULTURAL
      SCIENCES (UAS),
     DHARWAD-580005.

3.   SRI. DR. DIGAMBARAPPA
     S/O. PANDAPPA BIRADAR,
     R/O. MADHUBAN, HOUSE NO.6,
     MALLAPRABHA NAGAR, DHARWAD,
     AGED ABOUT 61 YEARS,
     OCC: PROFESSOR AND HEAD OF
     DEPARTMENT OF AGRONOMY
     UNIVERSITY OF AGRICULTURAL SCIENCES (UAS),
     DHARWAD-580 001.
                                        ... RESPONDENTS

(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)

      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO,CALL
FOR RECORDS IN W.P. NO. 100928/2022 (S-RES) ON THE FILE
OF THE LEARNED SINGLE JUDGE OF THIS HON BLE COURT AND
SET ASIDE THE FINAL ORDER DATED 03/06/2022 MADE IN THE
ABOVE WRIT PETITION PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON BLE COURT BY ALLOWING THE W.P. NO.
100928/2022 (S-RES) AS PRAYED FOR THEREIN.


      THESE WRIT APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, KRISHNA S.DIXIT, J, DELIVERED THE
FOLLOWING.
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                                          WA No.100263 of 2022
                                      C/W WA No.100264 of 2022




                         JUDGMENT

These intra-Court appeals call in question the

judgment dated 03.06.2022 rendered in 1st respondent's

Writ Petition No.100928/2022 (S-RES). The appeal in W.A.

No.100263/2022 is by the University and the companion

appeal in W.A. No.100264/2022 is by the 3rd respondent in

the writ petition. The said judgment of the learned Single

Judge is to the effect that the writ petitioner should be

appointed to the post of Director, he being the senior most,

and seniority being the sole criteria.

2. The 1st respondent in both these appeals was

the writ petitioner and he has entered caveat through his

counsel. The 2nd respondent-State is represented by the

learned Government Advocate. 3rd respondent in the Writ

Petition is the appellant in W.A. No.100264/2022. He is

3rd respondent in the companion appeal and is represented

by a private advocate. All the opposing advocates resist

the claim of writ petitioner who opposes the writ appeals.

WA No.100263 of 2022 C/W WA No.100264 of 2022

3rd respondent supports the appeal of University. For

convenience of understanding, the parties would be

referred to with their ranking in the writ petition

3. FOUNDATIONAL FACTS OF THE CASE:-

a) Petitioner had knocked at the doors of Writ Court for

assailing the placement of 3rd respondent in the post of

Director of Education and his own placement in the post of

Dean. The sole factor for such a claim was that he was the

senior most in the cadre of Professor. For this petitioner

heavily banked upon the Government Order dated

14.11.2019 and Chancellor's instructions dated

28.01.2022. Thus, his essential grievance is that he being

the senior most and 3rd respondent admittedly being junior

to him, petitioner ought to have been given the post of

Director and the 3rd respondent could have been made the

Dean.

b) The University and the 3rd respondent had opposed

the Writ Petition mainly contending that the appointment in

WA No.100263 of 2022 C/W WA No.100264 of 2022

question is purely temporary and for a period of only six

months; such appointments are to be made on rotation

basis; petitioner was accordingly appointed as a Director

earlier and therefore now the 3rd respondent is given that

position; petitioner cannot have any grievance since he is

given the post of Dean, which is equivalent to that of

Director.

c) The subject letter dated 14.11.2019 issued by the

Under Secretary in the Department of Agriculture, is not a

Government Order. The Chancellor's letter dated

28.01.2022 only instructs adherence to the extant norms.

Mr. Jagadish Patil, learned advocate appearing for the 3rd

respondent in the Writ Petition submits that the writ

petitioner has not suffered any legal injury to have

maintained the writ petition. Learned GA made his

submissions on the position of law maintaining

equi-distance from the warring private parties.

WA No.100263 of 2022 C/W WA No.100264 of 2022

4. Having heard the learned counsel for the parties

and having perused the appeal papers, we are inclined to

grant indulgence in the matter for the following reasons:

a) Section 24 of the Universities of Agricultural Sciences

Act, 2009 enlists Officers of the University which, inter alia,

comprise of Directors & Deans. Section 30 empowers the

Vice-Chancellor to appoint officers specified in clauses (iv)

to (ix) of Section 24. It reads as under:

"30. Terms and Conditions of service of other officers of the University.- The Officers of the University specified in clause (iv) to (ix) of section 24 shall be appointed by the Vice-Chancellor with the approval of the Board on such terms and conditions as may be prescribed:

Provided that the Vice-Chancellor may make appointments of such officers as a temporary measure for a period of six months under intimation to the concerned authority of the University."

b) The substantive part in Section 30 provides for

making regular appointment, whereas the proviso provides

for making appointment to the said posts as a 'temporary

WA No.100263 of 2022 C/W WA No.100264 of 2022

measure', presumably because regular appointment takes

long time and that posts in question cannot be kept vacant

for long. It is significant to note that this Section speaks of

appointment to specific posts; it specifies the Appointing

Authority i.e., the Vice-Chancellor; provision to the section,

however, specifies six months as the tenure of

appointment; it also states that such appointments are by

way of temporary measure. It is also significant to note

that the Vice-Chancellor is treated as 'Conscience Keeper'

of the University concerned, said the Apex Court in

Marathawada University Vs. Seshrao Balwantrao Chavan,

AIR 1989 SC 1582. In the light of all this, the regularity of

the impugned proceedings has to be assumed and

therefore, the writ petitioner has to make out a very strong

case for interference, this being not a case of regular

appointment.

c) The concept of ad hoc appointment is not alien to

Service Jurisprudence; it is a common knowledge that civil

WA No.100263 of 2022 C/W WA No.100264 of 2022

servants are appointed on incharge or independent charge

basis, in the posts only as a temporary measure, under

Rule 32 of KCSRs. In such cases, ordinarily, the seniority

does not much factor. A learned Single Judge of this Court

in B.N.DHOTRAD VS. THE BOARD OF DIRECTORS/CUM-

APPELLATE AUTHORITY AND OTHERS ILR 2006 KAR 3163

at para 12 observed as under:

"12. In-charge arrangements and promotion are well understood in Civil Service. Posting an Officer in the lower post to discharge the duties of the higher post without promotion is only an in-charge arrangement. It is the exigencies of public service that will be the relevant consideration and not the consideration of seniority while making such arrangement. A person was posted on independent charge basis does not hold the post on promotion. Under Rule 32 of KCSR, any employee in the next below post/cadre can be placed in charge or independent charge of a higher post. Similarly, in accordance with Rule 68 of the K.C.S.R. a Government servant can be appointed to be in- charge of the current duties of an office in addition to his own duties. He need not be the senior most.

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Generally, such arrangements are made for a short period."

d) Ordinarily seniority has a pivotal role, while making

promotions on regular & substantive basis. However, when

it comes to making ad hoc appointments as the ones at

hands, ordinarily seniority takes the backseat. This is not

to say that the authority in making ad hoc placement can

choose whomsoever it wants; even there the requirement

of fairness & reasonableness cannot be dispensed with. The

proviso to Section 30 does not say anything about seniority

whilst making appointment as a temporary measure. The

appointment process has to be normative since it is done

in the exercise of statutory power, is true. There is some

discretion that avails to the appointing authority even

u/S 30 of the Act also, cannot be disputed. However, any

discretion has to be exercised in accordance with the rules

of Reason & Justice said Lord Halsbury in SHARP VS.

WAKEFIELD (1891) AC 173.

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e) The Board of Management of appellant-University, in

its meting held on 25.01.2019, resolved that such

temporary appointments shall be made on rotation basis.

This resolution gains credence under Section 13(1)(xiv) of

the Act. Following is the text of said Resolution:

"Item No.44.14:

Appointment of various posts of Officers on temporary basis in UAS, Dharwad.

While discussing on this item, the Members of the Board request to change the incumbent Officers immediately as has already been resolved by the Board in its 44th Meeting held on 29.10.2018. There was also a discussion regarding the possibility of inter-changing the positions held by Officers. Dr. P.S.Pandey, Hon'ble Member, suggested that as it is necessary to follow the provisions of UAS Act and the practice of inter changing the positions is not correct and it is not followed in any university including CAU and hence the rotation has to be made by the fresh incumbent. It was agreed upon by all the members of Board of Management and the Board again authorized the Hon'ble vice-Chancellor and requested to take suitable temporary measure for a period of six months inline with the provisions of UAS Act 2009, as

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WA No.100263 of 2022 C/W WA No.100264 of 2022

early as possible, till the Officers' posts are appointed on regular basis."

f) After all in matters of ad hoc appointments, seniority

cannot be the sole/soul mantra. The Board comprising of

high authorities & experts in its wisdom has prescribed the

rule of rotation so that every eligible aspirant for the posts

in question shall get some booster that would go a long

way in his career. It is also a way to attract & retain

talented teachers in the campus. The above Resolution is

not in challenge. In fact, the writ petitioner was appointed

as the Director during the period between 01.08.2018 &

01.02.2019. Therefore, the Vice-Chancellor had no option

than to appoint 3rd respondent as the Director. Had he not

done this, he would have committed an actionable wrong

qua the said respondent. Therefore, petitioner is not

justified in staking his claim to the post in question over

again. An argument to the contrary would breach the Rule

of Rotation promulgated by the August Body of the

University. If a contention to the contrary is accepted, the

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WA No.100263 of 2022 C/W WA No.100264 of 2022

senior most person shall continue in the said post beyond

six months only with an artificial break every time which

the law & reason shun. This aspect having not been

discussed in the impugned judgment, there is an error

apparent on its face.

g) The vehement contention of learned counsel

appearing for the petitioner that the Government Order

dated 14.11.2019 mandatorily prescribes the Rule of

Seniority is misconceived. Firstly, it is only an ordinary

letter issued by the Under Secretary, Mr.

H.N.Lakshmanagowda. The same reads as under:

"PÀ£ÁðlPÀ ¸ÀPÁðgÀ ¸ÀASÉå/ PÀÈE 24 PÀÈ«« 2019 PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ ¸ÀaªÁ®AiÀÄ, §ºÀĪÀĺÀrUÀ¼À PÀlÖqÀ, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 14.11.2019, "dgÀÆgÀÄ"

EªÀjAzÀ, ¸ÀPÁðgÀzÀ PÁAiÀÄðzÀ²ð, PÀȶ E¯ÁSÉ, ¨ÉAUÀ¼ÀÆgÀÄ.

EªÀjUÉ, PÀÄ®¥ÀwUÀ¼ÀÄ, PÀȶ «±Àé«zÁ央AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ/zsÁgÀªÁqÀ/gÁAiÀÄZÀÆgÀ

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WA No.100263 of 2022 C/W WA No.100264 of 2022

PÀÄ®¥ÀwUÀ¼ÀÄ, PÀȶ ªÀÄvÀÄÛ vÉÆÃlUÁjPÉ «±Àé«zÁ央AiÀÄ, ²ªÀªÉÆUÀÎ, PÀÄ®¥ÀwUÀ¼ÀÄ, vÉÆÃlUÁjPÉ «±Àé«zÁ央AiÀÄ, ¨ÁUÀ®PÉÆÃmÉ.

ªÀiÁ£ÀågÉÃ, «µÀAiÀÄ: gÁdå PÀȶ «±Àé«zÁå®AiÀÄ ºÁUÀÆ vÉÆÃlUÁjPÉ «±Àé«zÁå®AiÀÄUÀ¼À°è SÁ°¬ÄgÀĪÀ C¢üPÁj ºÀÄzÉÝUÀ½UÉ ºÉZÀÄѪÀj ¥Àæ¨sÁgÀzÀ°èj¸ÀĪÀ PÀÄjvÀÄ.

* * * * * ªÉÄîÌAqÀ «µÀAiÀÄzÀ §UÉÎ ªÀiÁ£Àå ±Á¸ÀPÀgÀÄ, «zsÁ£À ¥ÀjµÀvï ¸ÀzÀ¸ÀågÀÄ ºÁUÀÆ EvÀgÀgÀÄ, gÁdå PÀȶ «±Àé«zÁå®AiÀÄ ºÁUÀÆ vÉÆÃlUÁjPÉ «±Àé«zÁå®AiÀÄUÀ¼À°è SÁ°¬ÄgÀĪÀ C¢üPÁj ºÀÄzÉÝUÀ½UÉ eÉõÀ×vÉAiÀÄ£ÀÄß ¤®ðQë¹, ¤AiÀĪÀĨÁ»gÀªÁV ¥Àæ¨sÁgÀzÀ°èj¸ÀÄwÛgÀĪÀ §UÉÎ w½¹gÀÄvÁÛgÉ.

gÁdå ªÀÄlÖzÀ ¸ÀªÀÄ£ÀéAiÀÄ ¸À«ÄwAiÀÄ ¸À¨sÉAiÀÄ°è PÉÊUÉÆAqÀ ¤tðAiÀÄzÀAvÉ gÁdå PÀȶ «±Àé«zÁå®AiÀÄ ºÁUÀÆ vÉÆÃlUÁjPÉ «±Àé«zÁå®AiÀÄUÀ¼À°è SÁ°¬ÄgÀĪÀ C¢üPÁj ºÀÄzÉÝUÀ½UÉ ºÉZÀÄѪÀj ¥Àæ¨sÀgÀzÀ°èj¸À®Ä ¤tð¬Ä¹zÀÝ°è, ¸ÀÆPÀÛ C¢üPÁjUÀ¼À£ÀÄß eÉõÀ×vÁ C£ÀĸÁgÀ ¥Àæ¨sÁgÀzÀ°èj¸ÀĪÀ CA±ÀªÀ£ÀÄß KPÀgÀÆ¥À ¥Àj¤AiÀĪÀÄ PÀgÀr£À°è ¸ÉÃj¹ ¥Àj²Ã°¸À¯ÁUÀÄwÛzÉ.

DzÀÝjAzÀ ¥Àæ¸ÀÄÛvÀ gÁdåzÀ J¯Áè PÀȶ «±Àé«zÁå®AiÀÄ, PÀȶ ªÀÄvÀÄÛ vÉÆÃlUÁjPÉ «±Àé«zÁå®AiÀÄ ºÁUÀÆ vÉÆÃlUÁjPÁ «±Àé«zÁå®AiÀÄUÀ¼À°è SÁ°¬ÄgÀĪÀ C¢üPÁj ºÀÄzÉÝUÀ½UÉ ºÉZÀÄѪÀj ¥Àæ¨sÁgÀzÀ°èj¸À®Ä ¤tð¬Ä¹zÀÝ°è eÉõÀ×vÁ C£ÀĸÁgÀªÉà »jAiÀÄ C¢üPÁgÀUÀ¼À£ÀÄß ªÀiÁvÀæ ºÉZÀÄѪÀj ¥Àæ¨sÁgÀzÀ°èj¸ÀvÀPÀÌzÀÄÝ ºÁUÀÆ M§â C¢üPÁjUÉ MAzÀÄ ºÀÄzÉÝVAvÀ ºÉaÑ£À ºÀÄzÉÝUÀ½UÉ ºÉZÀÄѪÀj ¥Àæ¨sÁgÀzÀ°è Ej¸ÀvÀPÀÌzÀÝ®è JAzÀÄ vÀªÀÄUÉ w½¸À®Ä ¤zÉÃð¹vÀ£ÁVzÉÝãÉ.

vÀªÀÄä £ÀA§ÄUÉAiÀÄ

(ºÉZï.J£ï.®PÀëöätUËqÀ) ¸ÀPÁðgÀzÀ D¢Ã£À PÁAiÀÄðzÀ²ð, PÀȶ E¯ÁSÉ (¸ÉêÉUÀ¼ÀÄ ªÀÄvÀÄÛ ¸ÀªÀÄ£ÀéAiÀÄ)"

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The letter lacks the trappings of a Government Order. This

apart, what authority the Under Secretary had, to prescribe

seniority as the norm for appointments of the kind is not

demonstrated. Learned counsel could not secure any

support from the reading of Section 8 & 10 of the Act to

substantiate his contention that the Government has power

to issue such instructions. Section 8 gives some power,

arguably true; however prescribed conditions &

circumstances for such interference are apparently lacking.

Section 10 gives power to the Chancellor to do certain

things at the instance of Government; but the Government

on it's own can not issue any direction to the University.

h) Universities are not the notional extensions of the

government departments, nor their vassals. They are

autonomous bodies and therefore their autonomy should

be respected. The Secretaries of the Government

Departments cannot interfere in the affairs of Universities

in the absence of statutory power and the justification for

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its exercise, both of which are absent in the case at hands.

A learned single Judge of this Court in DR. PARAPPA

SHANKARAPPA VS. THE SECRETARY TO GOVERNMENT,

ILR 1999 KAR 282 had pungently observed, at paragraph

10 as under:

"10. So far as the second question regarding powers of the State Government to give directions to the Universities are concerned, despite turning of each page of the Universities Act both by the learned Advocate-General as also the Counsel appearing for the petitioners and the University, no provision could be located under which the State Government can give a direction to the University with regard to the discharge of its functions or pertaining to the matters which are to be essentially governed by the statutes which are framed under Section 35 read with Section 36 of the Act. In that view of the matter it is expected rather directed that the State Government should henceforth forbear from giving any direction to any University established under the Universities Act which are required to be governed by the specific statutory provisions or the delegated legislations like the statutes. Any violation in this regard on the part of the Government will be dealt with as committing

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contempt of this Court. I find making of such observation is necessary because in various cases I have found that the Government, of late, have been prevailing on the Universities which are creatures of the Act by treating those as departments of the Government. This impression needs to be dispelled."

The above observations were made in September 1998

i.e., a little less than a quarter century ago. However, the

governmental authorities being as callous as can be,

continue to poke their nose in the affairs of the

Universities. This, we say with no joy in heart. What

further irks us is that the above letter has been issued by

an Under Secretary of the Department, in gross disregard

of the resolution dated 25.01.2019 passed by the Board of

Management.

i) The vehement contention of learned counsel for the

writ petitioner that the matter having been brought to the

notice of the Chancellor, His Excellency has caused a letter

dated 28.01.2022 directing the University to follow the

Rule of Seniority as a norm for making ad hoc appointment

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to the posts in question, again is bit difficult to agree with.

That is not its purport. The said letter is reproduced below:

KARNATAKA GOVERNOR'S SECRETARIAT

RAJ BHAVAN, BENGALURU

No. GS 02 AUD 2022 DATE: 28-01-2022

FROM The Special Secretary to Governor, Raj Bhavan, Bengaluru.

TO The Vice Chancellor, University of Agricultural Sciences, Krishinagar, Dharwad.

Sir, Sub: Forwarding of D O Letter of Sri Basavaraj S. Horatti, Hon'ble Chairman K L C -reg.

Ref: D.O. letter No. KLC: CHMN: 1484 : 2022, dated 13-01-2022 from Sri Basavaraj S. Horatti, Hon'ble Chairman, Karnataka Legislative Council.

*****

With reference to the above subject, I am directed to forward herewith a copy of D.O. letter cited at reference which is self explanatory.

Further you are directed to ensure strict compliance to the laid down Rules/Statues/Regulations etc., in regard to placing of Professors Higher Academic Grades and Senior

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professors as in-charge of Director/Dean/Registrar posts.

Yours faithfully,

(Prathibha D. Habbu) Under Secretary to Governor(U)"

A perusal of the letter shows that a direction is issued by

the Chancellor to the University that in making

appointment to posts of the kind, the norms laid down in

Rules, Statutes & Regulations should be strictly followed. It

has not said anything about seniority. On the other hand

the Board of Management has consciously prescribed the

norm of rotation, as the mode of appointment. The very

idea of 'appointment by rotation' excludes the notion of

seniority. The Vice-Chancellor in issuing the impugned

appointment orders has followed the extant norms. Even

this aspect of the matter has escaped due attention of the

learned Single Judge. Thus, there is an added error

apparent on the face of the impugned judgment.

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j) Learned counsel for the Writ petitioner seeks to

justify the impugned Judgment contending that the

University orders that are quashed by the learned Single

Judge suffered from the infirmity of discrimination

inasmuch as only his client was singled out for a step

motherly treatment, all others having been left untouched

even when he had a very short stint of service. We fail to

understand as to how others being not displaced would

come to the rescue of petitioner in matters like this, which

involve a host of factors that fall outside judicial

evaluation. It is not that the petitioner has been left high &

dry. Admittedly, he too has been given the post of Dean.

The contention that the post of Dean is comparatively a bit

lower compared to that of Director, does not merit deeper

examination, at our hands given the fact that both the

posts carry same pay scale & emoluments. Even the

learned Single Judge treats the posts enlisted in Clauses

(iv) to (ix) of Section 24 as constituting one common

cadre. Clauses 1 & 4 of Section 31 Read with Clauses (iv)

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to (ix) of Section 24 of the Act lend some credence to this

view. If the University states that posts are equal, the one

who questions it has to make out a strong case to

substantiate the contra. That being the position, no

prejudice is shown to have been caused to the Writ

petitioner by virtue of impugned orders of the University.

In the above circumstances, these appeals succeed.

The impugned Judgment of the learned Single Judge is set

at naught and as a consequence the University orders of

appointment that were quashed by the said Judgment are

hereby resurrected.

Costs made easy.

Sd/-

JUDGE

Sd/-

JUDGE

KMS