ORDER :

Sanjay K. Agrawal, J.

1. The petitioners herein seek to challenge the constitutional validity of the amendment made in the Chhattisgarh State University Service Rules, 1982 (for short, ‘the Rules of 1982’) by which the percentage of quota for the posts of Registrar & Deputy Registrar has been fixed amending the earlier rules on the ground that it is violative of sub-section (3) of Section 15-C of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (for short, ‘the Act of 1973’) and also violative of Articles 14 & 16 of the Constitution of India, as well.

2. The aforesaid challenge has been made on the following factual backdrop: -

3. The petitioners are holding the substantive post of Assistant Registrar under the cadre of State University Service constituted under Section 15-C(1) of the Act of 1973 and they are posted in the State University. It is their case that their services are governed by the Rules of 1982 enacted under sub-section (2) of Section 15-C of the Act of 1973 and the post of Assistant Registrar, which they are holding, is the feeder cadre post for the post of Deputy Registrar and the post of Deputy Registrar is the feeder cadre post for the post of Registrar in the State University Service. It is their further case that under the Rules of 1982, the candidate who has completed five years of service as Assistant Registrar is entitled to be considered for promotion on the post of Deputy Registrar and prior to the impugned amendment, the post of Deputy Registrar was 100% promotional post which is to be filled through promotion from the post of Assistant Registrar. In the Principal Rules of 1982, there was no provision for direct recruitment on the post of Deputy Registrar, however, by the impugned amendment/notification in the Rules of 1982, the respondent State has fixed the percentage of promotion quota and only 25% posts of Deputy Registrar is prescribed as promotional post from the post of Assistant Registrar and remaining 75% posts have been fixed for direct recruitment. Similarly, 25% posts of Registrar have been prescribed for promotion from the post of Deputy Registrar and 75% has been prescribed for direct recruitment. As such, the State has reduced the promotional quota for the posts of Deputy Registrar & Registrar to the extent of 25% and while amending the Rules, sub-section (3) of Section 15-C of the Act of 1973 has not been complied with and the impugned amendment so made in the Rules by notification dated 27-12-2011 has not been laid on the table of the Legislative Assembly, therefore, it is unconstitutional and liable to be declared ultra vires. Furthermore, due to reduction of 75% quota for the promotional post of Deputy Registrar, chances of promotion of the petitioners is badly affected and is considerably reduced which is violative of their fundamental right guaranteed under Articles 14 & 16 of the Constitution of India, as such, it is liable to be quashed.

4. Respondent No.1/State has filed its reply opposing the writ petition stating inter alia that the rules so framed are in accordance with law and it is already in vogue for last 12 years and the amendment which was brought by way of notification dated 27-12-2011 is more goal oriented so as to provide opportunity of timely enhancement/up-gradation to a senior cadre. It has further been pleaded that considering the difficulty faced by the competent authority, decision to fix promotional quota for the post of Deputy Registrar to the extent of 25% by promotion and 75% by direct recruitment under Section 15-A of the Act of 1973 has been taken by the competent authority which is strictly in accordance with law and it is in vogue for a considerable long time and catering the need of the University. Petitioners No.1 & 2 were appointed on 12-5-2017 and petitioner No.3 was appointed on 26-2-2016 under the Rules of 1982 read with the amendment so made by the impugned notification and the provision contained in Section 15-C(3) of the Act of 1973 is di