JUDGMENT

S.C. AGRAWAL, J.- Leave granted.

2. We have heard learned counsel for the parties.

3. This appeal involves the question regarding inter se seniority of the appellant, Dr Bal Krishna Agarwal, and Respondents 4 and 5, Dr Murli , a Manohar Joshi, and Dr P.K. Sharma as Professors in Physics in the Allahabad University (hereinafter referred to as "the University"). The Executive Council of the University by resolution dated 16-7-1978, declared Respondents 4 and 5 as senior to the appellant. Writ Petition No. 15566 of 1988 filed by the appellant against the said resolution of the Executive Council was dismissed by the Allahabad High Court by judgment dated 6-1-1994 on the ground that alternative remedy of reference to the Chancellor under Section 68 of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as "the Act") was available to the appellant.

" 4. Section 31 of the Act provides for appointment of teachers. In subsection (10) of Section 31 it is prescribed that no selection for any appointment shall be made except after advertisement of the vacancy in at c least three issues of two newspapers having adequate circulation in Uttar Pradesh. In view of the said provision appointment of teachers in the University could only be made by direct recruitment by inviting applications and promotion from a lower teaching post to a higher teaching post was not envisaged. This led to stagnation and consequent frustration among the teachers in the various universities governed by the Act. In order to remove this grievance the Government of Uttar Pradesh, by order dated 12-12-1983, framed a Personal Promotion Scheme whereunder personal promotion was to be given to a teacher on the basis of continuous service rendered in the department for a certain period. By order dated 25-2-1984 the said order dated 12-12-1983 was modified and it was decided to grant personal promotion to the post of Reader to all those full-time and regularly appointed lecturers on the Government approved posts of universities governed and administered by the Act who possess Ph.D. degrees and have completed 13 years approved, full-time regular and continuous service and those who are not Ph.D. after 16 years approved, full-time and regular and continuous service. It was also decided to grant personal promotion to the post of Professor to Readers after 10 years continuous and regular service as Reader from the date of taking over charge after issue of the said order. In the said order it was stated that the personal promotion would be granted to teachers subject to the restrictions set out in sub-paragraphs (1) to (12) of paragraph in the said order. In sub-paragraph (12) it was stated that the seniority of teachers would be regulated as per regulations of the university concerned. By the said letter the Vice-Chancellors of all the State Universities were Q directed to send the draft regulation for carrying out necessary amendment in the regulations of the university concerned to the Education Department for approval. In order to give effect to the policy contained in the aforesaid orders of the Government of Uttar Pradesh, Section 31-A was inserted in the Act by U.P. Act No. 9 of 1985 which came into force on 10-10-1984. Section 31-A provides as under:

"31-A. Personal promotion to Teachers of University.- (1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Lecturer or Reader in the University substantively appointed under Section 31, who has put in such length of service and possesses such qualifications, as may be prescribed, may be given personal promotion, respectively to the post of Reader or Professor.

(2) Such personal promotion shall be given on the recommendation of the Selection Committee, constituted under clause (a) of sub-section (4) of Section 31, in such manner and subject to such conditions as may be prescribed.

(3) Nothing contained in this section shall affect the posts of the teachers of the Un