JUDGMENT

G.B.PATTANAIK, J.

(1) THIS appeal by the Jai Naraian Vyas University, Jodhpur is directed against the judgment of the Rajasthan High Court.

(2) BY the impugned judgment the High Court has held the provisions of sections 11(12) of the Rajasthan University Teachers and Officers (selection for appointment) Act, 1974 to be ultra vires.The original Act is of the year 1974 which provided selection for appointment of teachers and officers of the university of Rajasthan. In the year 1984 by virtue of an ordinance which was replaced by an Act, section 11 was added to the same. The aforesaid provision was intended to mitigate the grievances of the teachers who were stagnating either as lecturers or readers and not getting any promotion as the number of posts of reader and professor was limited. Under section 11 the state government was entitled to create ex-cadre posts of professors or readers in each faculty of the university to the extent of one third of the eligible persons as on 1st of January each year and such ex-cadre posts could be filled up by personal promotion on the basis of merit alone. The prescribed procedure for selection to man this ex-ca