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.