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Judgment
Vipin Sanghi, CJ
1) Counsels for the respondents do not oppose the application seeking condonation of delay in preferring the review application. The delay condonation application (IA No. 02 of 2023) is, accordingly, allowed. Delay in filing the review application is condoned.
2) Review application, i.e., MCC No. 01 of 2023, has been filed by Dr. Kaushal Kumar, who was not impleaded as a party respondent, to seek review of the order dated 22.08.2022, whereby this Court observed – “However, considering the nature of relief sought, we dispose of this writ petition with direction to respondent No. 3 to consider the petitioner’s aforesaid representation and pass a speaking and reasoned decision. The same shall be done within four weeks from the date of service of a copy of this order.”
3) The review is sought on the ground that it was not brought to the notice of the Court that said innocuous order was passed, when the position of the Principal D.A.V. (P.G.) College was held by Dr. K.R. Jain, who was also personally interested in the determination of the issue with regard to the inter se seniority.
4) The crux of the matter, in the present petition, as well as in the subsequent petition is – whether seniority has to be counted from the date of substantial appointment, or from the date of ad hoc appointment.
5) It is pointed out that a representation of Dr. K.R. Jain was pending consideration, and in terms of the order passed by this Court dated 22.08.2022, he has proceeded to decide the representations, including his own.
6) When we passed the order dated 22.08.2022, it was not informed to us that Dr. K.R. Jain, who was serving as the Principal of D.A.V. (P.G.) College, was also personally interested in determination of the said issue of seniority. That being the position, we are inclined to recall our order dated 22.08.2022.
7) Accordingly, we recall the order dated 22.08.2022. All consequential orders passed by Dr. K.R. Jain, acting as the Principal of the D.A.V. (P.G.) College, relating to seniority, therefore, do not survive.
8) In the second petition, i.e., Writ Petition (S/B) No. 82 of 2023, the order passed by Dr. K.R. Jain, determining the issue of seniority of Professors has been assailed on the ground that Dr. K.R. Jain has passed the said order, while being personally interested in the issue. It is well settled that no person can be a judge in his own cause, and, such a determination would be clearly violative of the principles of natural justice. The impugned order, therefore, cannot sustain, and is quashed.
9) Since Dr. K.R. Jain is officiating as Principal, and he cannot determine the issue of seniority, as he is himself personally interested, we are of the view that the said issue should be determined by a still higher authority. We, accordingly, direct that the issue of inter se seniority of all the Professors be determined by the Vice-Chancellor of the Hemwati Nandan Bahuguna Garhwal University. He shall make the said determination de novo, and without, in any way, being influenced by the order passed by Dr. K.R. Jain on the issue of seniority. The said determination be made by a reasoned and speaking order within eight weeks from the date of service of a copy of this order.