JUDGMENT :

M.M. SUNDRESH, J.

1. Aggrieved over the judgment rendered by the High Court of Uttarakhand in allowing the Writ Petition (S/B) No. 51/2011 filed by the Respondents before us, the present appeal by special leave has been filed.

NECESSARY FACTS

2. The statute by the name “State Universities Act, 1973” enacted by the State of Uttar Pradesh was adopted by the State of Uttarakhand through a modification order of the year 2001.

3. Section 16 of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as the “Act”) deals with the post of Registrar, who shall be a whole-time officer of the University. He shall not be offered nor be entitled to accept any remuneration for any other work in the University, save as provided under the governing rules. His appointment has to be in terms of Section 17 of the Act and the rule making power provided thereunder.

4. In exercise of the powers conferred under Section 17(1) of the Act, the State of Uttarakhand brought into the statute book “The Uttarakhand State University (Centralized Services) Rules, 2006” (hereinafter referred to as “2006 Rules”) prescribing essential qualifications, procedure for recruitment and pay scale etc. for the post of Registrars in the State Universities. The 2006 Rules also provide the qualification for a Lecturer, which is obviously different to that of a Registrar. To be noted, the pay scale at the relevant point of time was 3200-100-3500-125-4875, with effect from 01.01.1986.

5. The State of Uttarakhand, on 16.06.2008, sent a requisition to the State Public Service Commission for the appointment of Registrars in the State Universities, clearly indicating the essential qualifications along with the pay scale, as aforesaid. On 31.12.2008, the Government of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi published two separate communications addressed to the Secretary, University Grant Commission (hereinafter referred to as “the UGC”) on the revision of the pay scale of the Lecturers on one side and the Administrative Staff starting from the Registrar on the other. Both these circulars issued separately were obviously meant to be implemented by the Central Government Universities and the Central Government Colleges duly funded by it. In other words, they became mere recommendations qua the State Government Universities. We may hasten to add the qualification prescribed for the post of Registrar by the UGC being higher, stands different to that of the Uttarakhand State Universities as mandated under the 2006 Rules.

6. The State of Uttarakhand thought it fit to accept the recommended revised pay scale of the Government of India dated 31.12.2008, meant to be applied for the Central Universities and Central Government Colleges, to its teaching faculties alone, except sub-clause (f) in clause 8, which speaks of age of superannuation, an issue with which we are not concerned in the present lis.

7. Respondent No. 1 was selected and given the appointment to the post of Registrar on 23.11.2009 with the appropriate pay scale in terms of the 2006 Rules, which was also notified in the advertisement itself.

8. After taking charge as an Assistant Registrar in Kumaon University, Respondent No. 1 filed Writ Petition (S/B) No. 51/2011 before the High Court of Uttarakhand seeking the pay scale meant to be applied for his counterparts in the Central Universities. While entertaining the writ petition, the High Court in and by its order dated 11.03.2011 directed the Principal Secretary, Higher Education of the State of Uttarakhand to take a call on the letter dated 01.01.2010 sent by the Kumaon University, which order is appositely placed hereunder:

“..........List after service is affected. It appears that Kumaon University has written a letter dated 08.01.2010 to the Principal Secretary, Higher Education Department seeking fixation of the pay scale of the petitioner. We are requesting the Principal Secretary, Higher Education Depa