2012 Supreme(J&K) 246
JAMMU & KASHMIR HIGH COURT
Mohammad Yaqoob Mir, J.
Gurdev Singh & Ors. -Appellant
Versus
University of Jammu & Ors. -Resopndent
SWP No. 861/2011, CMA No. 1251/2011
Decided On : 02-06-2012
Mr. Rohit Kapoor, Advocate for the Petitioners.
Mr. D. S. Thakur, Sr. Advocate with Ms. Aruna Thakur, Advocate for R-1 , 2.
Mr. D. C. Raina, Sr. Advocate with Mr. Anil Verma, Advocate for R-8,10 , 11,
Advocates for the Respondents.
The court clarified the application of promotion quotas and eligibility criteria within the University's own Statutes/Regulations, emphasizing the need to adhere to the prescribed ratios and requirements.
Headnote:
Promotion - Violation of Statute IV - University of Jammu Calendar 2010 - [PROMOTION] - [VIOLATION OF STATUTE IV] - [University of Jammu Calendar 2010, Statute IV]
Fact of the Case:
The petitioners alleged that the promotion of certain Section Officers to the posts of Assistant Registrars violated Statute IV of the University of Jammu Calendar 2010, which stipulated a specific ratio for promotion from Section Officers and P.A-cum-Stenos.
Finding of the Court:
The court found that the promotion quota for P.A-cum-Stenos had been exceeded, and the requirement of three years of experience as Section Officers, as per SRO 453, was not applicable to promotions within the University's own Statutes/Regulations.
Issues: The issues revolved around the alleged violation of Statute IV, the eligibility criteria for promotion, and the applicability of SRO 453 to University employees.
Ratio Decidendi: The court held that the promotion quota for P.A-cum-Stenos had been exceeded, and the requirement of three years of experience as Section Officers, as per SRO 453, was not applicable to promotions within the University's own Statutes/Regulations.
Final Decision: The petition was dismissed as being without merit, and no costs were awarded.
2. It is the contention of the petitioners (PAs) that whenever vacancies of Assistant Registrars become available, 50% of such vacancies are to be supplied by direct recruitment and 50% from amongst the Section Officers and PA-cum-Stenos in the ratio of 2:1.
3. It is further projected that respondent nos. 3 to 12 were not eligible for promotion as they did not possess requisite service of three years as Section Officers, which is the requirement in terms of SRO 183 dated 10.10.1999 as being applicable to lite University employees because when University does not have its own service rules then rules prescribed by the State Government for its employees are mutatis mutandis applicable to the employees of the University.
4. In opposition, respondent nos. 1 and 2 (University) have denied the conten#31;tions of the petitioners and have claimed that whenever the vacancies arose, in the ratio which is admissible to the cadre of PAs, same have been filled up from amongst them. As on date, out of promotion quota of 15 posts of Assistant Registrars, eight Section Officers and seven PAs are occupying the posts of Assistant Registrars, so PAs have been promoted in excess to their quota.
5. It is stated that right from the year 1990 the pattern of filling up the posts in the cadre of Assistant Registrars is clear from the table appended to the objections. It is further added that SRO 183 dated 10.10.1999 is not applicable to the University employees in view of Chapter-Ill of the University of Jammu Calendar 2010. Statute IV at page No. 93 governs the recruitment/promotions to the posts of Assistant Registrars.
6. With the consensus of learned counsel for the parties, Petition is formally admitted and taken up for final disposal.
7. Statute IV contained in the Chapter III of the University of Jammu Calendar Vol. 1 at page 93 (hereinafter referred to as Calendar 2010) applicable to the present case reads as under:
"IV Assistant Registrars and Equivalent Posts. The posts shall be filled up. a) to the extent of 50% by direct recruitment; and
b) to the extent of 50% by promotion on the basis of merit-cum-seniority from amongst the eligible Selection Officers and P.A-cum-Stenos in the ratio of 2:1 respectively.
ii) "Good academic record plus Master's degree with atleast 55% (50% in the case of SC/ST category) of the marks or its equivalent grade of B in the UGC seven point scale."
8. It is clear that the posts of Assistant Registrars are to be filled up 50% by direct recruitment and 50% by promotion from amongst eligible Section Officers and PA-cum-Stenos in the ratio of 2:1 respectively. Respondents have appended to their objections the existing cadre strength of Assistant Registrars which reveals that in total 29 posts of Assistant Registrars exist, out of which 14 posts will go to direct recruitment and 15 to promotion quota. Out of 15 posts of promotion quota in the ratio of 2:1,10 will go to the share of Section Officers and 5 will go to PAs. As on date, eight posts are occupied from the source Section Officers and seven posts from the source PAs. Same position is not denied.
9. What is the actual grievance of the petitioners is that whenever any vacancy of Assistant Registrar from amongst the promotion quota will arise in the ratio of 2:1, promotion shall be granted to the Section Officers and PAs respectively. It is clear that there are two sources for promotion quota i.e from Section Officers and PAs. At any given point of time, both Section Officers and PAs shall not exceed their quota i.e when, the quota of Section Officers and likewise the quota of PAs is complete, thereafter the vacancies as shall become vacant shall have to be supplied by promotion from the source to which vacancy