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3. Shri Parsodkar, in this background, has invited our attention to provisions contained in Maharashtra Non-Agriculture Universities Standard Code to urge that these provisions, particularly Rule 3 thereof which is on subject of classification, sub-divides non-teaching employees of University in three classes and vide its sub-rule 3 it lays down that appointment has to be by promotion or by nomination by 4 wp 3470-99.odt adhering to ratio of 50:50 unless otherwise directed. He further states that thus the staff working in library also got benefit and was being promoted in accordance with above mentioned 50:50 ratio. He states that petitioners before this court are qualified Library Assistants and as per channel of promotion in vogue, they are entitled to next promotion as Assistant Librarian. He invites attention to said channel as described in paragraph 2 of writ petition. He points out that petitioners have improved their qualification and hold much higher qualification than prescribed in the Rules. Our attention is also drawn to orders dated 13.12.1991 and 29.11.1993 to show that one Smt. Pawar Qualified Library Assistant was promoted as Assistant Librarian and though the duration was shown to be of one year, she continued on that post till 27.3.2000 and on that date she was given a further promotion as Deputy Librarian. He has also invited our attention to order issued to one Suresh Randai on 12.5.2000 to urge that that person also had been promoted. Learned counsel submits that thus, promotion is being extended only to favoured ones and petitioners have been discriminated against.

This is because of inclusion of that cadre in definition of teacher in section 2(34) of the 1994 Act. Our attention is invited to provisions contained in direction no. 7 of 1999. He points out that it has been issued for implementation of revised university grant commission pay scales for teachers and for other measures to maintain standard in higher education. There in clause 9 while prescribing qualification and recruitment the post of Assistant Librarian, Deputy Librarian and Librarian have been included. The provisions of clause 12 thereof also prescribe the constitution of selection committee. Pay scales have been accordingly prescribed for Deputy Librarians as also Assistant Librarians while the minimum qualification for direct recruitment to the post of Librarian, Deputy Librarian and Assistant Librarian are given in Appendix-V to this direction. He also invited our attention to order dated 14.11.1995 issued by government after coming into force 9 wp 3470-99.odt the 1994 Act to dispel the doubts and to clarify how a Librarian or College Librarian needed to be treated as a teacher. He argues that because librarians became teachers, as per provisions of section 76 of 1994 Act and Standard Code mentioned supra ceased to apply to them. He also argues that in fact that Standard Code is impliedly repealed and cannot be looked into while deciding present controversy. It is urged that petition as filed, therefore, does not expressly refer to said Standard Code and does not raise any specific contention based upon it. Learned counsel submits that respondent nos. 1 & 2 are obliged to follow the provisions of law and as there is no promotional channel available to the cadre of librarian, the advertisement issued on 24.3.2012 is for direct recruitment. He points out that Dr. Dakhole has been selected in pursuance thereof as Librarian directly.

(xiv) provides that standard code, if any, prescribed under said Act shall be deemed to have been prescribed under 1994 Act and shall, save as otherwise provided by or under this Act, continue to remain in force, until it is superseded in accordance with the provisions of 1994 Act. The perusal of Maharashtra non-Agricultural Universities and Affiliated Colleges Standard Code shows that it is issued by exercising powers conferred by Section 77-A of the Nagpur University Act, 1974 for providing terms and conditions of services of the non-teaching employees of Non-agricultural Universities in Maharashtra.

Accordingly, it has been named as Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Terms and conditions of service of non-teaching employees), Rules 1984.

Nagpur University Act, 1974 defines 'teacher' in its Section (30) and said definition or then definition of "Teacher of the University"

contained in Section 2(31) does not show that qualified Library Assistant or Assistant Librarian were then recognized as part of teaching staff. The Standard Code mentioned supra in Rule 3 while prescribing the classification, appointment and recruitment, etc.