Promotions to selection posts must adhere to the established procedures and principles of merit; failure to consult the Public Service Commission renders such appointments unconstitutional.

1. The petitioner is a professor of Geography GGM College Jammu. He has brought this writ petition against the State of Jammu and Kashmir and seven others who have been arrayed as respondents 2 to 8 in this petition. The petitioner prays that the appointment of respondents 2 to 8 as Principals be declared void, the petitioner be deemed to have been appointed right from the time his first supersession took place by the appointment of Mr. Ishwar Sharma in the year 1961; that the petitioner be directed to be reimbursed for all the pay and grade during this period; that the petitioner be directed to be appointed as Principal in place of respondent 2.

2. I have started with the relief because the petitioner does not specifically mention anything except in the relief clause what this petition is aimed at. The relief in the petition given at the beginning of the petition is headed as petition under Art. 32-2 (A) of the Constitution of India and S. 103 of the Constitution of J and K.

3. The facts that have given rise to this writ petition are as under. The petitioner in his petition states that he passed M.A. in Geography and History in the years 1939 and 1941 respectively. He got a Ph. D from Aligarh University in 1959. Respondents 2 to 8 are second class MAs except Mr. BDL Sharma who is respondent 5 and is a third class MA in Urdu. The petitioner joined the SP College as a Lecturer in 1942 on probation for two years. He was confirmed. Respondents 2 to 8 were appointed as Lecturers after the petitioner, except Ishwar Sharma respondent 2 and SSL Sadhu respondent 4. Nonetheless, according to the petitioner he is senior even to these respondents. That the Government by Order No. 1234 - C of 1952 dated 15-12-52 fixed four criteria for promotion to professorship which are :
(1) That the person must be a first class MA.
(2) Must possess a Doctorate or Honours.
(3) Must have a degree or tripos from England or Cambridge.
(4) Must have written some book as a contribution to the subject.
In the year 1959 respondents 2 and 4 were appointed as offg. professors, although they did not possess the requisite qualifications mentioned above. No post of Professor of Geography was deliberately created. This matter was objected to by the Public Service Commission by means of letter No. 6265 dated 18-4-59. The petitioner protested against these promotions but no heed was paid by the Government. Two more posts of Professors were created to favour some persons and two other gentlemen, Messrs JN Dhar and Mohd. Yusuf were promoted as Professors, although there was no necessity of creating Professorships in those subjects. The petitioner was also promoted as Professor on 7-7-60. The petitioner made a representation for determination of his seniority and a seniority list was issued by the Government in which the petitioner was placed at No. 18. The next promotion available to a professor is that of a principal which has to be made on merit - cum - seniority. Another tentative list of seniority was published by the Government in which the petitioner was placed at No. 17. On 9-8-61 respondent 2 Ishwar Sharma was promoted as an acting Principal superseding the petitioners and many others. The Public Service Commission again objected to this appointment vide its No. PSC / DPC / 63/1772 dated 10-11-63.

4. Messrs SL Sadhu and Maqbul Fazilli were promoted as offg. Principals vide Government Order No. 1093 of 1962 dated 24-11-62 The Public Service Commission by another letter again protested to the Government, In 1965 Mr. BDL Sharma was promoted to the post of Principal on which the petitioner again made representation.

5. In para 14 the petitioner has made strong insinuations against certain officers and Ministers of State as to how these promotions were