Promotion to department head positions must adhere to statutory seniority and follow natural justice principles, and prior appointment orders must be properly revoked before new appointments.

ORDER :

MUNNURI LAXMAN, J.

1. On the request and with the consent of the learned counsel appearing on behalf of both the parties, the matter is taken up for final disposal.

2. By this common order, both the writ petitions are disposed of.

3. The writ petition being S.B. Civil Writ Petition No.20282/2024 was filed by Dr. Dhirender challenging the appointment order dated 26.02.2025, whereby Dr. Gemra Ram Parihar was appointed as Head of the Department of Zoology in the Jai Narayan Vyas University, and the writ petition being S.B. Civil Writ Petition No.4126/2025 was filed by Dr. Gemra Ram Parihar challenging the order dated 31.01.2025, whereby Dr. Dhirender was appointed as Head of the Department of Zoology without revoking the order of appointment of Dr. Gemra Ram Parihar and without giving any notice to him.

4. For convenience, Dr. Gemra Ram Parihar is referred to as petitioner and Dr. Dhirender is referred to as private respondent, and the University is referred to as the respondent.

5. The facts disclosed that the petitioner was appointed by direct recruitment to the post of Assistant Professor by the initial appointment order dated 24.07.2008, and prior to his appointment, he was a Lecturer in Government college in the cadre post. The private respondent was working as Assistant Professor with the respondent on an ad-hoc basis prior to regularization of his services. The petitioner underwent the selection process before regularization and consequently, he was appointed on 24.07.2008. Though the joining time is different for both, the facts disclosed that the private respondent joined earlier in time and the petitioner joined later in time on the post of Assistant Professor. Admittedly, there was no seniority list, and it appears that the appointment of the private respondent was given w.e.f. the date of appointment; however, the private respondent moved a writ petition being S.B. Civil Writ Petition No.78/2008. The writ petitioner herein i.e. Dr. Gemra Ram Parihar, was not a party to the said writ petition (i.e. S.B. Civil Writ Petition No.78/2008), and the said writ petition was partly allowed, directing the respondents to consider the case of the petitioners’ past service for grant of benefits of the Career Advancement Scheme (CAS) by counting their length of service from the date of initial appointment. Meanwhile, it appears that there was a promotion undertaking for the post of Associate Professor and the said promotion requires a minimum experience of eight years in the cadre of Assistant Professor. By virtue of the directions given in writ petition No.78/2008, whereunder the petitioner’s (i.e. private respondent herein) past service was ordered to be counted for the Career Advancement Scheme (CAS), the petitioner’s (i.e. private respondent herein) past service as an ad-hoc employee was counted to meet the eligibility criteria of Associate Professor; thereby, he was made eligible and was considered for promotion on 14.08.2008. The writ petitioner was promoted to the post of Associate Professor on 16.09.2014. Subsequently, further promotion was given to both the parties to the post of Professor. The writ petitioner was promoted on 16.09.2017, whereas the private respondent was promoted on 11.07.2016, which is prior to the writ petitioner.

6. Referring to Section 8(1)(c) of the Statute of University which is part of the Schedule made under Section 22 of the Jai Narayan Vyas University Act, 1962 (hereinafter referred to as “the Act of 1962”), it is contended that promotion to the post of Head of the Department is subject