SHRI. RAWATPURA SARKAR, LOK KALYAN TRUST AND OTHERS Vs. THE RAJIV GANDHI PRODYOGIK VISHWAVIDYALAYA AND OTHERS

JUDGEMENT

(1.) BEING aggrieved by the order dated 18th July, 2007 passed in W.P. No. 5623/2005(S) whereby the petition filed by the respondents No. 2 to 4 was allowed in part, present appeal has been filed. Short facts of the case are that the respondents No. 2 to 4 filed a petition alleging that the appellant No. 1 is a public trust and is running a college known as S.R. Group of Colleges, the college is affiliated with the respondent No. 1. It was alleged that the respondents No. 2 to 4 were appointed as Lecturers. It was further alleged that without any reason and also without any enquiry, the respondents No. 2 to 4 were discontinued. It was prayed that the petition be allowed and the respondents No. 2 to 4 be reinstated in service. The petition was opposed by the appellants. After hearing the parties, Writ Court found that in the absence of the record produced by the appellants, it is not a case where the relief of reinstatement be given, however, allowed the compensation of Rs. 50,000/ - each, against which the present appeal has been filed.

(2.) LEARNED counsel for the appellants argued at length and submits that the writ petition itself was not maintainable. It is submitted that the respondents No. 2 to 4 were not appointed by the appellants but were appointed by I.T.M. College. It is submitted that the advertisement was published by Mr. Rama Shankar Singh who was running a different institution. It is submitted that since the respondents No. 2 to 4 were not appointed by the appellants and, therefore, the order of compensation passed by the Writ Court is illegal and deserves to be set aside.