HIGH COURT OF UTTARANCHAL AT NAINITAL (Court’s order whether the case is or not approved for reporting) (Chapter VIII Rule 32(2)(b) Description of the case. W.P. No. 499 of 2003 (S/B) Dr. Balwant Singh Negi S/o Late Moti Singh Vs. State of Uttaranchal and 17 others. Approval for reporting. Not approved for reporting. Date of decision 07.08.2004 Initial of Judge 1 IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 499 of 2003 (S/B) Dr. Balwant Singh Negi S/o Late Moti Singh At present working as Acting Principal, Government Degree College, Jaharikhal, Lansdown, District Pauri Garhwal ...Petitioner. Vs. State of Uttaranchal and 17 others ..Respondents. AND Writ Petition No. 519/2003 (S/B) 1-Dr. Govind Singh Bisht S/o Ratan Singh Bisht R/o Spring Field Ranikhet, Tehsil Ranikhet District Almora 2-Dr. Nilambar Punitha, S/o Late D.N. Punetha, R/o Near P.G. College, Tehsil Pithoragarh, District Pithoragarh 3-Dr. Ramesh Chandra Pandey, Lecturer in Botany Govt. P.G. College Haldwani District Nainital. ………Petitioners. Vs. State of Uttaranchal and 9 others ……Respondents. AND Writ Petition No. 520/2003 (S/B) 1-Krishna Kumar Bhatt, S/o Late G.R. Bhatt R/o Chinsyar Naula, G.I.C. Road, District Pithoragarh. 2-Jeet Singh Jyala, S/o Kunwar Singh R/o Durga Sadan, Near P.G. College, Pithoragarh, Distt. Pithoragarh ….…….Petitioners Vs. State of Uttaranchal and 10 others. ….……Respondents. Sri C. Hari Shankar and Sri R.P. Nautiyal, learned counsel for the petitioners. Sri K.P. Upadhyaya, learned Standing Counsel for the respondents. Coram: Hon’ble Mr. Justice Irshad Hussain. Hon’ble Mr. Justice Rajesh Tandon. 2 Dated: 07-8-2004 (Delivered by: Hon’ble Mr. Justice Rajesh Tandon). By means of present writ petitions the petitioners have prayed for a writ of certiorari, for quashing of the order dated 15th October 2003, by which the order of promotion, (Annexure-2 to the writ petition) has been passed by the Principal Secretary, Higher Education, Dehradun, respondent No.1. Further the petitioners have prayed for a writ, order or direction in the nature of mandamus commanding the respondents to promote the petitioners from the posts of Lecturers to the posts of Principals of Government Degree Colleges in the State of Uttaranchal with effect from the date when the junior persons to the petitioners have been promoted to the posts of Principals by the respondent-authorities. Brief facts giving rise to the present writ petitions are that the petitioners are Lecturers in various Degree Colleges and are claiming promotion as Principal of Degree Colleges by virtue of their seniority. In writ petition no. 519/2003, petitioner no.1 namely Dr. Govind Singh Bisht is posted as Lecturer (Geography), in Government Post Graduate College, Ranikhet, District Almora. Petitioner no.2 Dr. Nilambar Punetha, is posted as Lecturer (Botany) in Government Post Graduate College, Pithoragarh and petitioner no.3 Dr. Ramesh Chandra is posted as Lecturer (Botany) in Government Post Graduate College Haldwani, District Nainital. In writ petition no. 520/2003 the petitioner Krishna Kumar Bhatt is working as Lecturer (English) and petitioner no. 2 Jeet Singh Jyala is posted as Lecturer in Economics. In writ petition no.499/2003 Dr. Balwant Singh Negi is posted as acting Principal in Givernment Degree College Jaharikhal, District Pauri Garhwal since 13th of February 2001. Petitioners have submitted that they are entitled for the next promotion to the posts of Principals of Government Degree Colleges. On 29th of October 2002, according to the case of the petitioners, the respondent no.1 State of Uttaranchal through Secretary, Higher Education, Uttaranchal, Dehradun has issued a 3 seniority list of 142 Lecturers working in several Government Degree Colleges in the State of Uttaranchal, the name of petitioner of writ petition no. 499/2003 (S/B) was shown at serial no. 67 whereas the respondent nos. 17 and 18 were shown at serial nos. 75 and 76. In writ petition no. 520/2003 the petitioners have submitted that on 29-10-2002 respondent no.1 issued a seniority list of 142 Lectures working in several Government Degree Colleges, in the State of Uttaranchal. In the said list the names of the petitioners were shown at serial nos. 43 and 44 respectively whereas the names of respondent nos. 4 to 11 where shown at serial nos. 45, 49, 52, 57, 50, 63, 85 and 76. On 15.10.2003 an order was passed by the respondent no.1 whereby 26 Lecturers working in several Government Post Graduate Degree Colleges of State of Uttaranchal were promoted to the higher posts i.e. the Principal and Deputy Director and the names of the petitioners were not shown whereas the respondent nos. 4 to 11 were shown in the list of candidates who have been promoted to the higher posts. In writ petition no. 519 of 2003 the petitioners have stated that on 29th October 2002 respondent no. 1 issued a seniority list of 142 Lecturers working in Government Degree Colleges in the State of Uttaranchal. In the said list names of the petitioners were shown at serial nos. 48, 61 and 62 whereas the names of respondents 4 to 10 were shown at serial Nos. 49, 52, 57, 50, 63, 75 and 76. It was further stated that on 15th October 2003 respondent no. 1 passed an order by which he promoted 26 lecturers working in several Government Degree Colleges. 8- On 15th of October 2003 Secretary, Higher Education, Uttaranchal, Dehradun promoted 26 Lecturers working in several Government Degree Colleges of the State of Uttaranchal to the posts of Principals. The order dated 15-9-2003 is shown as under:- 4 mRrjkapy 'kklu mPp f’k{kk vuqHkkx la[;k 958@mPp f’k{kk @ 2003 nsgjknwu fnukad 15 vDVwcj] 2003 foKfIr@izksUufr Jh jkT;iky egksn; mRrjkapy mPprj f’k{kk lewg ^^d** ds izoDrk in ij dk;Zjr fuEukfdar vf/kdkfj;ksa dks orZeku in ls LFkkukUrfjr dj dk;ZHkkj xzg.k djus dh frfFk ls osrueku #i;s 23000&28400 esa ekSfyd :Ik esa vLFkk;h :Ik ls izksUufr iznku djrs gq, muds uke ds lEeq[k LrEHk &4 esa vafdr egkfo|ky; esa izkpk;Z in ij rSukr fd;s tkus dh lg"kZ Lohd`fr iznku djrs gSa%& Øe la0 izoDrk dk uke orZeku rSukrh dk LFkku inksUufr ds QyLo:Ik rSukrh dk LFkku vH;qfDr 1 2 3 4 5 1 Jhefr n;korh tks’kh izoDrk ch0,M0 ,e0ch0 jktdh; LukrdksÙkj egkfo|ky; gY}kuh izkpk;Z jktdh; egkfo|ky; osnh[kky ¼ikSM+h½ fjDr in ds izfr 2 Mk0 jkepj.k flag izoDrk Hkwxksy izHkkjh izkpk;Z jktdh; egkfo|ky; izrkiuxj yEcxkao ¼fVgjh½ izkpk;Z jktdh; egkfo|ky; izrkiuxj yEcxkWo ¼fVgjh½ uol`ftr in ds izfr 3 Jh fouksn pUnz tks’kh izoDrk tUrq foKku izHkkjh izkpk;Z jktdh; egkfo|ky; MksbZokyk nsgjknwu mi funs’kd f’kfoj dk;kZy; nsgjknwu Mk0,e-,e- djxsrh ds LFkukUrj.k ds QyLo:i fjDr in ds izfr 4 Jh pUnz’ks[kj ik.Ms izoDrk vFkZ’kkL= izHkkjh izkpk;A jktdh; egkfo|ky; pkS[kqfV;k ¼vYeksM+k½ izkpk;Z jktdh; egkfo|ky; pkS[kqfV;k ¼vYeksM+k½ uol`ftr in ds izfr 5 Mk0 }kfjdk izlkn izoDrk jlk;u izHkkjh izkpk;Z jktdh; egkfo|ky; xSjlS.k ¼peksyh½ ezkpk;Z jktdh; egkfo|ky; xSjlS.k¼peksyh½ uol`ftr in ds izfr 6 Mk0 ,u0Mh0 eqjkjh izoDrk jlk;u izHkkjh izkpk;Z jktdh; egkfo|ky; yDlj ¼gfj}kj½ izkpk;Z jktdh; egkfo|ky; pEikor uol`ftr in ds izfr 7 Mk0 ,p0ch0[kdZoky izoDrk jlk;u izHkkjh izkpk;Z jktdh; egkfo|ky; uSuokx ¼fVgjh½ izkpk;Z jktdh; egkfo|ky; eqUL;kjh ¼fiFkkSjkx<+½ uol`ftr in ds izfr 8 lq’khy pUnz lkg izoDrk HkkSfrdh izoDrk izkpk;Z jktdh; mifuns’kd mPp f’k{kk funs’kky; fjDr in ds izfr 5 egkfo|ky; fpU;kyhlkSM+ ¼mRrjdk’kh½ gY}kuh uSuhrky 9 Jh gjh’k PkUnz lkaxk izoDrk tUrq foKku izHkkjh izkpk;Z jktdh; egkfo|kyk; FkyhlS.k ¼ikSM+h½ izkpk;Z jktdh; egkfo|ky; FkyhlS.k ¼ikSM+h½ uol`ftr in ds izfr 10 Mk0 f=ykspu tks’kh izoDrk ouLifr izHkkjh izkpk;Z jktdh; egkfo|ky; ukxukFk iks[kjh ¼peksyh½ izHkkjh izkpk;Z jktdh; egkfo|ky; ukxukFk iks[kjh ¼peksyh½ uol`ftr in ds izfr 11 Jh Mh0,u0 ikBd izoDrk xf.kr izHkkjh izkpk;Z jktdh; egkfo|ky; t[kksyh ¼:nziz;kx½ izHkkjh izkpk;Z jktdh; egkfo|ky; ryokMh ¼peksyh½ fjDr in ds izfr 12 Jh jes’k pUnz ik.Ms izoDrk xf.kr izHkkjh izkpk;Z jktdh; egkfo|ky; vxjksMk ¼fVgjh½ izkpk;Z jktdh; egkfo|ky; iqjksyk ¼mRrjdk’kh½ Mk0 ';keyky dh Lukrdksrj izkpk;Z in ij izksUufr ls fjDr in ds izfr 13 Mk0 eqdqy pUnz f=osnh izoDrk HkkSfrdh jktdh; LukrdksRrj egkfo|ky; _f"kds’k ¼nsgjknwu½ izkpk;Z jktdh; egkfo|ky; ubZ fVgjh fjDr in ds izfr 14 Jh txnh’k pUnz iUr izoDrk jlk;u jktdh; LukrdksRrj egkfo|ky; +_f"kds’k ¼nsgjknwu½ izkpk;Z jktdh; egkfo|ky; yDlj ¼gfj}kj½ uol`ftr in ds izfr 15 Jherh uhjtk tks’kh izoDrk tUrq foKku jktdh; LukrdksRrj egkfo|ky; dk’khiqj ¼m?keflag uxj½ izkpk;Z jktdh; egkfo|ky; xaxksyhgkV ¼fiFkkSjkx<+½ uol`ftr in ds izfr 16 Mk0 gjh’k pUnz ikBd izoDrk fgUnh ,e0ch0jktdh; LukrdksRrj egkfo|ky; gY}kuh izkpk;Z jktdh; egkfo|ky; nsoiz;kx fVgjh uol`ftr in ds izfr 17 Jh cgknqj flag fc"V izoDrk jlk;u ,e0ch0jktdh; LukrdksRrj egkfo|ky; gY}kuh izkpk;Z jktdh; egkfo|ky; t;gjh[kky ¼ikSM+h½ fjDr in ds izfr 18 Mk0 /kekZuUn tks’kh izoDrk ouLifr jktdh; LukrdksRrj egkfo|ky; fiFkkSjkx<+ izkpk;Z jktdh; egkfo|ky; csjhukx ¼fiFkkSjkx<+½ ds0ch0 dukZVd ds LukRkdksÙkj izkpk;Z in ij inksUufr ls fjDr in ds izfr 19 Mk0 fofiu pUnz mizsrh izoDrk vFkZ’kkL= ,e0ch0jktdh; LukrdksRrj egkfo|ky; gY}kuh izkpk;Z jktdh; egkfo|ky; fpU;kyhlkSM+ mRrjdk’kh uol`ftr in ds izfr 20 Mk0 vkuUnflag jkSrsyk izoDrk tUrq foKku jktdh; LukrdksRrj egkfo|ky; izkpk;Z jktdh; egkfo|ky; t[kksyh ¼:nziz;kx½ uol`ftr in ds izfr 6 dksV}kj 21 Mk0 Hkwiky flag usxh izoDrk vFkZ’kkL= jktdh; LukrdksRrj egkfo|ky; :nziqj ¼m/keflag uxj½ izkpk;Z jktdh; egkfo|ky; :nziqj ¼m/keflag uxj½ uol`ftr in ds izfr 22 Jh pUnzjke izoDrk vFkZ’kkL= jktdh; egkfo|ky; jkuh[ksr ¼vYeksM+k½ izkpk;Z jktdh; egkfo|ky; L;kYns ¼vYeksM+k½ Jh gfjjke fr:ok ds LFkkukUrj.k ds QyLo:i 23 Jherh gsek izlkn izoDrk vFkZ’kkL= ,e0ch0jktdh; LukrdksRrj egkfo|ky; gY}kuh izkpk;Z jktdh; LukRdksRRkj egkfo|ky; tks’kheB ¼peksyh½ Mk0 tuknZu tks’kh dh LukrdksRrj izkpk;Z in ij izksUufr ls fjDr in ds izfr 24 Mk0 izse izdk’k izoDrk bfrgkl jktdh; egkfo|ky; }kjkgkV ¼vYeksM+k½ izkpk;Z jktdh; egkfo|ky; cMdksV ¼mRRkjdk’kh½ fjDr in ds izfr 25 Mk0 ek/kqjh izoDrk fgUnh jktdh; egkfo|ky; vxLR;eqfu ¼:nziz;kx½ izkpk;Z jktdh; egkfo|ky; uSuokx ¼fVgjh½ uol`ftr in ds izfr 26 dq0 vpZuk xkSre izoDrk laxhr jktdh; LukrdksRrj egkfo|ky; xksis’oj ¼peksyh½ jktdh; LukRkdksRrj egkfo|ky; pUnzonuh ¼fVgjh½ uol`ftr in ds izfr The petitioners have submitted that their services are being covered by Uttar Pradesh Higher education (Group-A) Service Rules 1985 and according to the Rules of 1985 the criteria of promotion to the post of principal of Government Degree College from the post of Lecturer according to the merit it was having Ph.D. qualification. The qualification which was mentioned under rule 8(2) has been mentioned as under:- ^^dyk] foKku] vkSj okf.kT; ladk;ksa esa izk/;kid ds in ds fy, fuEufyf[kr U;wure vgZrk;sa gksaxh& ¼4½ ;fn p;u lfefr dk ;g fopkj gks fd fdlh vH;FkhZ dk vuqla/kku dk;Z] tks mldh Fkhfll ;k izdkf’kr jpukvksa ls izekf.kr gS vR;f/kd mPp LRkj dk gS] rks og] ;FkkfLFkfr] [k.M ¼1½ ds mi[k.M ¼[k½ ;k [k.M ¼2½ ds mi[k.M ¼[k½ esa fofgr fdlh vgZrk dks f’kfFky dj ldrh gSA Counsel for the petitioners has also pointed out the source of recruitment as mentioned under rule-5 refers as under:- 7 “5. Source of Recruitment: Recruitment to the various categories of posts in the service shall be made from the following sources:- Category I director of Higher Education:- Selection through the Departmental Selection Committee on the basis of merit from amongst members of the Service in Category II mentioned Rule under 4(2). Category II Principal, Government Post graduate College, Joint Director of Higher Education:- Director of Higher Education:- Promotion by the selection through the Departmental Selection Committee on the basis of merit from amongst members of the service specified in Category III of Rule 4(2). Category III (a) Deputy Director:- By transfer from amongst officers of Category III(B). (b) Principal, Degree Colleges:- All the posts of Principal, Government Degree Colleges shall be filed by promotion from amongst members of the Service specified in Category IV of Rule 4(2) on the recommendation of the Departmental Selection Committee on the principle of merit, subject to rejection of the unfit. Category IV (a) Assistant Director:- By transfer from amongst the Officers of categories IV (B) provided that such officer possesses 15 years of teaching experience in Government Degree or Post- graduate College. (b) Lecturer:- By direct recruitment through the Commission [There is provision for Lecturers Senior Scale/Selection Grade/ Reader (Designation) under Career Advancement Scheme] Reservation: Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment.” Counsel for the petitioners has also referred the letter dated 6th June 2000 issued by the University Grants Commission to the Registrars of Universities stating therein that for the post of Principal the essential qualification namely Ph.D. or equivalent qualification should be read as “Ph.D. or equivalent published work” and the Universities were directed to frame guidelines as 8 per the provisions of the Act and Statutes to establish the equivalent of the published work with the Ph.D. In writ petition no. 499/2003 Balwant Singh vs. State and others has made a grievance that he has been shown at serial no. 76 in the seniority list dated 29th October 2002 whereas the respondent nos. 17 and 18 have been shown at serial nos. 75 and 76 in the said seniority list even then they have been promoted to the post of Principal whereas the petitioner has not been included in the impugned order for promotion being senior to the respondent nos. 17 and 18 and as such challenge of the petitioner is that the promotion order has been passed without application of mind. Further grievance of the petitioner is that the respondent nos. 4 to 15 are not having essential qualification of Ph.D. for the promotion of the principal of Government Degree College but even then they have been promoted to the post of Principal of Government Degree College and as such it is a contravention of rule of 1985 i.e. the criteria of promotion to the post of Principal is merit and further once the qualification of Ph.D. has been mentioned for promotion to the post of Principal of Government Degree College the departmental promotion committee has not considered the qualifications of candidates. The petitioner has submitted that according to the merit as well as seniority the petitioner is qualified to be promoted principal of the Degree College and the order passed by the Department Promotion Committee therefore is completely arbitrary. The petitioners have referred Rule 16-Kha of Uttaranchal Higher Education (Group-A) Service Rules, 2003, which refers the qualification on merit by the D.P.C. Rule 16-Kha is quoted below:- ^^16&¼[k½ izkpk;Z jktdh; LukrdksRrj egkfo|ky;] la;qDr funs’kd] mPpre f’k{kk vkSj egkfo|ky; fodkl vf/kdkjh ds inksa ij inksUufr }kjk HkrhZ ;ksX;rk ds vk/kkj ij vkSj izkpk;Z mikf/k egkfo|ky; ds in ij inksUufr }kjk HkrhZ vuqi;qDr dks vLohdkj djrs gq, T;s"Brk ds vk/kkj ij ,d p;u lfefr ds ek/;e ls dh tk;sxh ftlesa fuEufyf[kr gksaxs%& ¼1½ lfpo] mRrj izns’k ljdkj] dkfeZd foHkkxA ¼2½ lfpo] mRrj izns’k ljdkj f’k{kk foHkkxA ¼3½ mPprj f’k{kk funs’kdA 9 fVIi.kh %& lfpo] mRrj izns’k ljdkj] dkfeZd foHkkx ;k lfpo] mRrj izns’k ljdkj f’k{kk foHkkx tks Hkh T;s"B gks og p;u lfefr dk v/;{k gksxkA ¼2½ fu;qfDr izkf/kdkjh] vH;fFkZ;ksa dh T;sBrk dze esa ,d ik=rk lwph rS;kj djsxk vkSj mls mudh pfj= iaft;ksa vkSj muls lacf/kr ,sls vU; vfHkys[kksa ds lkFk] tks mfpr le>s tk;sa] lqlaxr p;u lfefr ds le{k j[ksxkA ¼3½ p;u lfefr mifu;e ¼2½ esa fufnZ"V vfHkys[kksa ds vk/kkj ij vH;fFkZ;ksa ds ekeyksa ij fopkj djsxh vkSj ;fn vko’;d le>s rks vH;fFkZ;ksa dk lk{kkRdkj Hkh dj ldrh gSA ¼4½ p;u lfefr p;u fd;s x;s vH;fFkZ;ksa dh] T;s"Bk dze esa ,d lwph rS;kj djsxh vkSj mls fu;qfDr izkf/kdkjh dks vxzlkfjr djsxhA** Counter affidavit has been filed on behalf of Sri B.S. Bisht in writ petition no. 499/2003 who is posted as Principal Government Degree College Jaharikhal, Pauri Garhwal. In paragraph-3 of the counter affidavit it has been stated that mere eligibility for the post of Principal, Degree College does not give a right to a candidate to be promoted as Principal as the recruitment on the post of Principal is governed by the service rules namely the Uttaranchal Higher Education (Group-A) Service Rules 2003. Rule-16 of the rules provide for procedure for recruitment by promotion. Sub-rule (1)(b) refers to the recruitment by promotion to the post of Principal, Degree College which provides the basis of promotion only on the merit subject to the rejection of the unfit through the selection committee comprising (a) Principal Secretary, Government of Uttaranchal, Personal Department, (b) Principal Secretary/Secretary, Government of Uttaranchal, Department of Higher Education, and (c) Director of Higher Education. In exercise of the powers conferred by the provisions to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject the Governor has framed the rules known as ‘Uttaranchal Higher Education (Group-A) Services Rules 2003’. Rule -16 refers as under:- “16. Procedure for Recrutiment by Promotion: (1) (b) Recruitment by promotion to the post of Principal Government Post-graduate Colleges, Joint Director of Higher 10 Education shall be made on the basis of merit and to the post of Principal, Degree Colleges, shall be made on the basis of merit, subject to the rejection of unfit, through the Selection Committee comprising:- (1) Principal Secretary/Secretary to Government of Uttaranchal, Personnel Department; (2) Principal Secretary/Secretary to Government of Uttaranchal, Department of Higher Education; (3) Director of Higher Education. Note:- The Principal Secretary/Secretary to Government, Personnel Department or Principal Secretary/ Secretary to Government Department of Higher Education whoever is senior shall be the Chairman of the Selection Committee. (2) The Appointing Authority shall prepare an eligibility list of the candidates arranged in order of seniority and place it before the relevant selection committee along with their character rolls and such other records pertaining to them, as may be considered necessary. (3) The Selection Committee shall consider the cases of candidates on the basis of the records, referred to in sub-rule (2) and if it considers necessary it may call the candidates for interview also. (4) The Selection Committee shall prepare a list of selected candidates in order of seniority and forward the same to the Appointing Authority.” In paragraph-4 of the counter affidavit it has also been mentioned that the petitioner was working as officiating Principal solely by virtue of his seniority in the institution. In pursuance of the order dated 15-10- 2003 all the persons have joined as principal. Seniority list issued on 29th October 2002 was a tentative seniority list On which objections were invited from the members of the service and the final list was published on 3rd October 2003. Further the respondent has stated that so far as the letter issued by the University Grants Commission dated 6th of June 2000 is concerned, the same is applicable to the direct recruitment on the post of Principal of Non-government Degree Colleges affiliated to some University and the Principal in the management run by the 11 Degree Colleges are appointed by way of direct recruitment by High Education Commission as will appear from the copy of the letter dated 24th December 1998 which has been filed as Annexure-5 to the counter affidavit. The same is mentioned below:- “4.0.0 DIRECT RECRUITMENT 4.1.0 PROFESSOR An eminent scholar with published work of high quality, actively engaged in research, with 10 years of experience in postgraduate teaching, and/or experience in research at the University National Level institutions, including experience of guiding research at doctoral level. OR An outstanding scholar with established reputation who has made significant contribution to knowledge. In exceptional cases, the teachers with 15 years of UG teaching/research experience could also be considered. 4.2.1 PRINCIPAL (Professor’s Grade) 1. A master’ Degree with at least 55% of marks or its equivalent grade of B in the 7 point scale with latter grades O,A,B,C,D,E & F. 2. Ph.D. or equivalent qualification. 3. Total experience of 15 years of teaching/research in University/Colleges and other institutions of higher education. 4.2.2 PRINCIPAL (Reader’s Grade) 1. A master’ Degree with at least 55% of marks or its equivalent grade of B in the 7 point scale with latter grades O,A,B,C,D,E & F. 2. Ph.D. or equivalent qualification. 3. Total experience of 10 years of teaching/research in University/Colleges and other institutions of higher education.” The petitioner in writ petition no. 499/2003 has filed a rejoinder affidavit and in paragraph-10 it has been stated that the process for promotion to the post of Principal had already started prior to publication of Uttaranchal Higher Education (Group-A) Service Rules 2003 as will appear from the seniority list dated 29-10-2002. The petitioner therefore has claimed that once the exercise for 12 promotion having been started the criteria for promotion should be governed by the serviced rules of 1985 instead of 2003 as the petitioner is entitled to be considered on the basis of the relevant rules which were applicable at the time of the exercise having been started. A supplementary counter affidavit has also been filed on behalf of Assistant Director Higher Education Uttaranchal Haldwani. In paragraph- 2 of the said affidavit it has been stated that the promotions on the posts of Principal, Degree College were last made against the vacancies of 1988-99. Thereafter the promotions had been made by the State of Uttaranchal vide impugned order dated 15-10-2003. The details of the existing vacancies of the cadre of pay scale of Rs. 1200/- 18300/ and vacancies up to 28-3-2004 were summarized as under:- Total number of posts in the cadre Year Principal 1999-2000 22 2000-2001 22 2001-2002 23 2002-2003 23 2003-2004 38 According to the submission of the State candidates falling under the zone of consideration for each year were submitted before the D.P.C. and D.P.C. was held and the composite lists of candidates were submitted. It has been brought to the notice of the court that there were total 27 vacancies in the cadre, out of which 5 posts were reserved for Scheduled Caste categories and one post for Scheduled Tribe category as per reservation policy of the Government of Uttaranchal separate list was prepared for the candidates falling under the zone of consideration which was also forwarded and submitted to the D.P.C. The list was published in accordance with the D.P.C. result the same is quoted below:- 13 izi= la[;k&2 jktdh; egkfo|ky; esa Lukrd izkpk;Z ds fjDr inksa ds izfr ik=rk lwphA lewg &d ¼inuke lfgr½ fjfDr o"kZ 2003&2004¼vkjf{kr Js.kh½ Øe la0 vf/kdkfj;ksa ds uke 'kSf{kd ;ksX;rk tUe frfFk izFke fu;qfDr dh frfFk LFkk;hdj.k dh frfFk vH;qfDr 1 Jh pUnz jke] izoDrk] jkt- Lukrdks- egkfo- jkuh[ksr ,e-,- vFkZ’kkL= 1-3-60 4-8-90 . . 2 Jherh gsek izlkn] izoDrk] ,e-ch- Lukrdks- egkfo- gY}kuh ,e-,- vFkZ’kkL= 1-6-58 11-8-90 . . 3 Mk0 izse izdk’k ] izoDrk] jkt- egkfo- }kjkgkV ,e-,- ih- ,p- Mh- bfrgkl 10-5-65 27-11-95 . . 4 Mk0 ek/kqjh] izoDrk] jkt- egkfo- vxLR;eqfu ,e-,- ih- ,p- Mh- fgUnh 9-8-64 13-12-95 . . 5 dq0 vpZuk xkSre] izoDrk jkt- eglfo- xksis’oj ,e-,- uSV&laxhr 12--12-- 72 12-11-98 . . 6 Mk0 xkSjh lsod] izoDrk] jkt- egkfo- _f"kds’k ,e-,- uSV&Hkwxksy 30-10-70 4-2-99 . . 7 Jh ds0,l0 tkSgjh] izoDrk] jkt- egkfo- mRrjdk’kh ,e-,- uSV&Hkwxksy 2--6-69 5-11-98 . . 8 Jh t;pUnz dqekj] izoDRkk jkt-egkfo- yksgk?kkV ,e-,- uSV&Hkwxksy 2-4-68 24-12-98 . . 9 Jh jktho jru] izoDrk] jkt- egkfo- ryokMh ,e-,- uSV& bfrgkl 12-4-71 21-9-99 . . 10 Mk0 lqHkk"k pUnz oekZ izoDrk jkt- Lukrdks- egkfo- :nziqj ,e-,- ih- ,p- Mh- lekt’kkL= 4-1-73 31-12-- 98 . . 14 11 Jhefr v:.kk lw=/kkj] izoDrk] jkt-Lukrdks- egkfo- dksV}kj ,e-,- ,e- fQy Hkwxksy 23-6-65 10-11-98 . . 12 Jh ujsUnz dqekj vk;Z] izoDrk] jkt- Lukrdks- egkfo- dksV}kj ,e-,- uSV& jktuhfr’kkL = 1-8-74 31-12-- 98 . . 13 Jherh lq’khyk lwn] izoDrk jkt- Lukrdks- egkfo- jkeuxj ,e-,- ih- ,p-Mh- fgUnh 28-6-62 1-4-99 . . The state has also submitted that apart from the Rules of 2003, Rule 16(1)(Kha) has been amended to the extent of ‘merit’ instead of ‘seniority’, although under the service Rules of 1985, the criteria for promotion from the post of Lecture to the post of Principal of the Degree College was seniority subject to rejection of the unfit but coming into force of U.P. Government Servants Criterion for Recruitment by Promotion Rules of 1994 which has the overriding effect the criteria for promotion on the post of Principal, Government Degree College in the aforesaid service rules stood substituted as per Rule-4 of the said Rules of 1994. Rule -4 provides as under:- “THE U.P. GOVERNMENT SERVANT CRITERION FOR RECRUITMENT BY PROMOTION RULES, 1994. In exercise of the powers conferred by the provision to Article 309 of the Constitution, the Governor is pleased to make the following rules: 1. Short title, commencement and application- (1) These rules may