Under Rule of ‘appointment by seniority’, Junior cannot be permitted to steal a march over a senior

In the Rule of 'rotation by seniority', the word 'rotation' cannot be read in isolation from the word 'seniority'. Because of an intervening factor, a peculiar situation had arisen and the cycle of rotation broke, but thereafter appointments had to strictly follow the methodology envisaged in the Rule. One rotation by seniority would mean that the cycle of appointment would have to complete one circle in accordance with the seniority list, without repetition in between. It cannot imply that if the cycle is disrupted due to any intervening special circumstance, it would deviate from its course of rotation and go backwards, midway.

The controversy involved is regarding appointment to the post of Teacher Incharge (TIC). As due to an intervening factor, a peculiar situation had arisen and the cycle of rotation broke, but thereafter appointments have to strictly follow the methodology envisaged in the Rule. If in order to implement a judicial order, College removed Respondent, there is no reason why he should be deprived of a full tenure as TIC, being entitled to it under the Rule of rotation by seniority by appointing Petitioner who was admittedly junior to her.