Jawahar Lal Gupta, C.J.

Does a provision providing for promotion to the post of Principle of a College "on the basis of seniority-cum-fitness" permit a comparative assessment? This question arises in the context of the interpretation of Section 59(3) of the Mahatma Gandhi University Act, 1985. Almost identical provisions of different University Acts have been considered by tow different Full Benches of this Court in Rev. Mother Provincial v. State of Kerala (1969 KLT 749) and Benedict Mar Gregories v. State of Kerala (1969 KLT 458). In Mother Provincial's case (supra), it was held that "a senior person can be overlooked in favour of a junior, who is demonstrably more fit for the appointment." This view was reiterated in the later decision in Mar Gregorios's case (Supra). However, when the present appeals were placed before the Division Bench, it was urged that in view of the decision of the Supreme Court in Union of India v.Ltd. General Rajendra Singh Kadyan (2000) 6 SCC 698, the view taken by the Court has become unsustainable. Thus, the matter was referred to a Full Bench. Learned counsel for the parties have referred to the facts in W.A.No.3085 of 2000. These may be b