LAWS(MPH)-2001-2-19

KAILASH SAJONIYA Vs. REGISTRAR D A V V

Decided On February 05, 2001
KAILASH SAJONIYA Appellant
V/S
REGISTRAR, D.A.V.V. Respondents

JUDGEMENT

(1.) THE petitioner assails the order of appointment of respondent No. 3 as 'producer' as employee of Devi Ahilya Vishva Vidhyalaya, R. N. T Marg, Indore, (hereinafter referred to as "university" for convenience ). Mainly the said appointment has been assailed on two grounds.- (i) that improper and suspicious practice has been followed by respondent Nos. 1 and 2 for appointing respondent No. 3 on contract basis for a period of 90 days and the said appointment-assignment was continued for a period of three years by renewing such contractual relations (ii) that the respondent No. 3 did not hold the necessary qualifications which are required for even appointing a lecturer on temporary/ad hoc basis.

(2.) RESPONDENT Nos. 1 and 2 justified the orders passed in context with such contractual appointment of respondent No. 3 on occasions or for said period of three years. Mainly it was contended that the appointment on contractual basis or otherwise of respondent No. 3 cannot be categorised as an appointment to the post of lecturer on temporary or ad hoc basis and, therefore, the necessary things which are required to be ascertained prior to appointment can not be applied for the present case. Secondly, the respondents are required to make such arrangements for the purpose of keeping the pace with demand of time so far as the administrative urgency is concerned. In addition to that it has been contended that the petitioner never held such qualifications and he did not apply for such a post when such contractual appointments were made by respondent Nos. 1 and 2.

(3.) RESPONDENT No. 3 contended for justifying her appointment that she did hold all necessary qualifications when she was assigned such job or duty on contractual basis initially and when she has been appointed, she did hold such qualifications. In addition to that she contended that she has been interviewed lawfully and her appointment on contractual basis or otherwise is totally lawful.