Binod Kumar Ekka And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5323 of 2014 1.

Binod Kumar Ekka S/o Shri Gabriel Ekka, aged about 46 years, Deputy Registrar in Pt. Ravishanker Shukla University, Raipur, Chhattisgarh. 2.

Antaram Chaure S/o Shri F.R.Chaure, aged about 49 years, Assistant Registrar in Bastar University, Jagdalpur Chhattisgarh 3.

Rajendra Kumar Chohan S/o Shri J.R.Chohan, aged about 47 years, Assistant Registrar in Sarguja University, Ambikapur, Chhattisgarh. ---- Petitioners

Versus

1.

State of Chhattisgarh, Through Secretary, Department of Higher Education, Ministry, Mahanadi Bhawan, New Raipur, Chhattisgarh. 2.

Secretary, Department of Technical Education, Ministry, Mahanadi Bhawan, New Raipur, Chhattisgarh.

3.

Secretary, Department of State of Chhattisgarh, Department of Health & Family Welfare, Ministry, Mahanadi Bhavan, New Raipur, Chhattisgarh. 4.

Chhattisgarh Public Commission, Through Secretary, Raipur, Chhattisgarh 5.

Swami Vivekanand Technical University, through its Registrar, Bhili, Durg, Chhattisgarh.

6.

Ayush and Health Sciences University {Medical University} through its Registrar, Raipur.

7.

Bilaspur University, through its Registrar, Old High Court Bhawan, Bilaspur, Chhattisgarh.

8.

Sarguja University, through its Registrar, Sarguja University, Ambikapur Chhattisgarh.

9.

Bastar University, Through its Registrar, Bastar University, Jagdalpur, Chhattisgarh.

10. Pt. Ravi Shankar Shukla University, Through its Registrar, Raipur, Chhattisgarh. ---- Respondents For Petitioners :

Shri Rajeev Bharat, Advocate.

For Respondent No. 1 to 3/State :

Shri UNS Deo, Government Advocate.

For Respondents No.4 :

Shri Ajay Kumar Chandra, Advocate.

For Respondent No. 5 :

Shri Anumeh Shrivastava, Advocate.

For Respondent No. 6 :

Shri Rajesh Kumar Tiwari, Advocate.

For Respondent No. 10 :

Shri M.K.Dubey, Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Navin Sinha, Chief Justice 02/07/2015 1.

Leave is sought to withdraw the writ petition on behalf of Petitioners No. 2 and 3 as they are stated to have been granted relief for which the writ

petition had been filed. The writ petition is dismissed as withdrawn with regard to them.

2.

In so far as Petitioner No. 1 is concerned, Learned Counsel for the Petitioners submits that he has no objection to the disposal of this writ petition in terms of the statement made in paragraph 8 of the counter-affidavit filed on behalf of Respondents No. 1, 2 and 3 which reads as follows: "8. That, the petitioners have also wrongly contended that they have the right to be appointed in Swami Vivekananda Technical University, Bhilai and Ayush Health Science University, Raipur which have been established under different Acts. That, petitioner No. 1 was appointed in accordance with the provisions laid down in Chhattisgarh State University Service Rules 1983 made under Section 15-C of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973.

In the said Adhiniyam, the University has been defined as the University deemed to be established under this Act (i.e. Adhiniyam, 1973) and specified in Part I of the Second Schedule; and the University which may be established after the commencement of this Act and specified in Part II of the Second Schedule. Obvious as it is, the petitioners cannot make a plea for promotions in any other University/ies not mentioned in Part I and Part II of the Second Schedule of Adhiniyam, 1973. The case of the petitioners can be considered only when vacancies exist for promotions to various posts in any of the Universities established under Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, subject to their suitability for the posts."

3.

The only limited submission made is that candidature of Petitioner No. 1 may be considered expeditiously.

4.

Let the Respondents consider the candidature of Petitioner No. 1 for promotion to the post of Registrar in accordance with law, in terms of the statement made in paragraph 8 of their counter affidavit as extracted above, within a maximum period of four months from the date of receipt and/or production of a copy of this order.

5.

The writ petition stands disposed.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Subbu