(1) LEAVE granted Leave granted.

(2) WE have heard learned counsel on both sides.

(3) THIS appeal by special leave arises from the order of the division bench of the A. P. High court, made on 11/10/1995 in Writ Appeal No. 1183 of 1988.

(4) THE admitted position is that the first respondent and the second respondent, G. Manohar Rao, Lecturers of Law in the Postgraduation Department of the Faculty of Law of Osmania University had staked their claims for promotion as Reader in the said Department of the Osmania University. The University Grants Commission had recommended the procedure for evaluation of the merits of the candidates for selection as Readers and Professors as under:

"OBJECTIVES 1. The basic objectives of the scheme should be (1 to recognise outstanding work done by the university teachers in the areas of teaching and research (2 subject such work to objective evaluation by experts in the subject areas concerned and (3 to provide for reasonable opportunities for professional advancement to such teachers, who merit academic recognition on a competitive basis. The scheme should, therefore, be appropriately named as Merit Promotion Scheme for University Teachers. This would be in the nature of a flexible complementing scheme as prevailing in other services, wherein no additional posts are created, and the existing persons on the basis of critical assessment are promoted to the next higher level and the position is held by such incumbents as personal to them, and no resultant vacancy is required to be filled. Such a scheme would considerably encourage the teachers to engage in advanced teaching and research and make distinct contributions which would merit recognition and promotion. The present scheme when compared to similar schemes operating in other services, it is in fact rather conservative, keeping in view the present pay scale structure and the time involved, for persons to advance their profession. However, even this limited scheme will prevent stagnation and promote a better climate of teaching and research. 2. In the present context of implementation of the revised scales of pay in the universities and colleges since January 1973 and the provision for similar merit promotion schemes prevailing in CSIR, old scheme, ICAR, DSRDO etc. and the opportunities available in other services of the government of India for professional advancement, it is imperative that the universities be enabled to implement merit promotion scheme based upon the evaluation of the work of the teacher from time to time. The scheme may be made effective from 1/04/1980.

METHOD of implementation 3. (a) Teachers in the university departments engaged in advanced teaching and research and whose contribution and achievements are such as to merit recognition, may be considered for merit promotion, in the first instance, after completing six years of continuous service in their respective cadre, of which at least three years should be in the insitution where he/she is being considered for such assessment and merit promotion, (b) Any teacher who has been considered and not selected for merit promotion in the initial presentation could however submit his work again only after a lapse of three years, (c) Teachers interested in such assessment and consideration of merit promotions should present their work to the University, through their department, latest by 31st December each year or a date stipulated by the University, (d) The University should generally take a decision before the beginning of the next academic year, so that such promotions can become effective from the date of the beginning of the next academic session, (e) While the final selection of persons to be promoted can be made by the University in accordance with its normal procedure, it would be necessary to refer to the work (to include research publications, books, reviews, curriculum development, teaching aids, innovation in teaching methods, equipm