: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.540 OF 2006 WRIT PETITION NO.540 OF 2006 WRIT PETITION NO.540 OF 2006 Vidya Narayan Nigadikar .. Petitioner. Versus The University of Pune & Anr. .. Respondents. Mr.M.M.Vaidya with Mr.R.P.Kadam for the petitioner. Mr.Girish Kulkarni with Ms.Swati Deshmukh i/b.M.G.Kulkarni for respondent No.1. Ms.M.P.Thakur, A.G.P. for respondent No.2. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & R.Y. GANOO, JJ. R.Y. GANOO, JJ. R.Y. GANOO, JJ. DATE : 3rd July, 2008. DATE : 3rd July, 2008. DATE : 3rd July, 2008. P.C.: P.C.: P.C.: 1. By this petition, the petitioner seeks a direction to the University to promote the petitioner to the post of Senior Telephone Operator and not to fill in that post by direct recruitment. 2. It appears that the University had issued an : 2 : advertisement dated 30.7.2005 proposing to fill in the post of Senior Telephone Operator by direct recruitment. That advertisement is challenged in the petition. During the pendency of the petition, the appointment has already been made. 3. According to the petitioner, the post of Senior Telephone Operator was always filled in by appointment of a person holding the post of Junior Telephone Operator. According to the petitioner, the stand of the University that the post is to be filled in by direct recruitment, is illegal. 4. We have perused the record. Perusal of the record shows that the University, in the year, 2000, passed a Resolution laying down the qualification for the post of Senior Telephone Operator. The basic educational qualification for the post of Senior Telephone Operator is H.S.C. with more than 50% marks in aggregate, telephone and telex operator certificate from recognised institution and good communication skills with pleasant manners. Sofar as the qualification for the post of Junior Telephone Operator is concerned, it is laid down by the Maharashtra Non-agricultural Universities and Affiliated Colleges Standard Code Rules, 1984 and that qualification : 3 : is S.S.C. and possession of minimum technical qualification prescribed for the post by the Competent Authority. Thus, the qualification necessary for being eligible for appointment to the post of Junior Telephone Operator and Senior Telephone Operator are different. In this situation, therefore, Rule 3(3)(III) becomes relevant. It reads as under :- "(III) Ministerial and Technical posts included "(III) Ministerial and Technical posts included "(III) Ministerial and Technical posts included in Class III --- in Class III --- in Class III --- (a) Appointments to the senior posts except those carrying the lowest scale of pay in the various Departments of the Universities and the Colleges and like the Superintendent, Accountant, Head Clerks, Senior Clerks, Store-Keeper, Senior Laboratory Assistants, Senior Assistants, Senior Steno-graphers, Senior Library Assistants etc. where the recruitment qualifications, required for the Junior Posts in the same Department or Section are the same as prescribed for the Senior posts, shall be made by promotion only, on the basis of seniority-cum-merit from amongst the persons who are working in the Universities or affiliated colleges and who possesses the minimum qualifications prescribed for the lower posts and the minimum experience of 3 years in the lower posts." 5. Perusal of the above quoted Rule makes it clear that if the qualification prescribed by the Rule for appointment to the post of Junior and Senior Cadre is the same, then, the post is to be filled in by appointment of a person from lower post to the higher post. Conversely, therefore, if qualifications are different, the : 4 : appointment will have to be made by direct recruitment and that is the stand taken by the University also. According to the University because the qualification prescribed by the Resolution for the post of Senior Telephone Operator is different, the post cannot be filled in by promotion. Thus, we find no substance in the petition. 6. In our opinion, the respondent was justified in issuing advertisement for filling in the post of Senior Telephone Operator by direct recruitment. Rule is discharged. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)