MADAN B. LOKUR, J.

( 1 ) THE Appellant has preferred an appeal under Clause X of the Letters patent against judgement and order dated 11th March, 2003 passed by a learned single Judge dismissing his writ petition being WP (C) No. 3246 of 2002.

( 2 ) THE issue pertains to the seniority of the Appellant vis-a-vis respondent Nos. 3 and 4. The question of seniority is relevant for determining who is to become the Head of Department of Sanskrit in Delhi University.

( 3 ) THE Appellant and Respondent Nos. 3 and 4 were initially Readers in the department of Sanskrit in the University. There is no dispute that the appellant was then senior to both the Respondents in the grade of Reader.

( 4 ) IN 1983, the University Grants Commission announced a "merit Promotion scheme" (for short MPS-1983) to remove the stagnation created in various cadres of several departments of the University. MPS-1983 envisaged time bound promotions to the post of Lecturers, Readers and Professors and was adopted and implemented by Delhi University in 1983 itself. In 1987, another Merit promotion Scheme (for short MPS-1987) was adopted by the University.

( 5 ) ON 20th July, 1994 all the Heads of Departments of the University were issued a circular informing them (and other teachers) that some of them had inadvertently or due to some inadequate information opted for MPS-1987. The circular gave an option to all the teachers to opt out of MPS-1987 and continue with MPS-1983. The option was to be exercised latest by 31st August, 1994.

( 6 ) THE Appellant sent a letter dated 4th November, 1994 to the Vice chancellor of the University indicating that he would now like to opt for MPS- 1983 and that the delay in applying was due to the fact that the circular dated 20th July, 1994 had not come to his notice. The Appellant also prayed for condonation of delay in making the application.

( 7 ) THE request of the Appellant was not acceded to and his application was rejected. The Appellant made a further application but that met the same fate.

( 8 ) IN the meanwhile in 1993, the University advertised one post of professor of Sanskrit for filling up the same through direct recruitment. The appellant and Respondent No. 3 applied for the post but it appears that neither of them was selected since Respondent No. 1 again advertised the post in february, 1994. Pursuant to the advertisement issued in February, 1994 the appellant and Respondent No. 3 again made an application but it appears that neither of them was selected.

( 9 ) EVENTUALLY on 10th April, 1996 the University invited fresh applications for filling up two posts of Professors in the Department of sanskrit through open and direct selection. This time, the Appellant and respondents No. 3 and 4 applied. Both the Respondents were selected to the exclusion of the Appellant and they were issued letters of appointment dated 11th November, 1996. Thereafter, they worked as Professors in the Department of sanskrit in the University.

( 10 ) THE Appellant persisted with his request for being given the benefit of MPS-1983 for selection as Professor under that scheme. Eventually, the request of the Appellant was accepted and by an office order dated 20th April, 1998 it was intimated that the Executive Council of the University had promoted the Appellant as Professor with effect from 11th August, 1996 under MPS-1983.

( 11 ) APPARENTLY, since the post of Head of the Department of Sanskrit was expected to fall vacant in March, 2002, Respondent No. 3 wrote to the University enquiring about his seniority vis-a-vis the Appellant. By a letter dated 10th december, 2001, the Registrar of the University informed him that since the appellant was promoted with effect from 11th August, 1996, he would rank senior to Respondents No. 3 and 4 who joined as Professors only in November, 1996.

( 12 ) FEELING aggrieved by the response dated 10th December, 2001, respondent No. 3 filed a writ petition in this Court being CW No. 7728/2001 in which it was p

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