JAGDISH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is `bishnoi' by caste. He passed his Bachelor of Engineering (B. E.) Examination in the year 1994 with 70. 30% marks. By a common order dated 14. 11. 94 (Annex. 1), along with others, the petitioner was also appointed as Lecturer at Government Polytechnic College, Pali on temporary basis. While working, he appeared before Rajasthan Public Service Commission (R. P. S. C.) for permanent selection for the post of Lecturer in the year 1995 and was also selected. Accordingly, he was given permanent posting under Rule 16 of the Rules of 1973 vide order dated 9. 8. 96 (Annex. 2) and jointed as Lecturer in Electrical Engineering at Bikaner in August, 1996. THE petitioner also appeared in Graduate Aptitude Test in Engineering (GATE) examination conducted by I. I. T. Mumbai in 1999 and passed the said examination on 31. 3. 99 and thus, became eligible to get admission in M. Tech. 99 course conducted by I. I. T. , Delhi. On applications being invited by I. I. T. , Delhi from eligible candidates for M. Tech. course, the petitioner also applied for the same. He also sent his application for study leave to the department along with N. O. C. issued by the respondent No. 3 Principle, Government Polytechnic College, Barmer. He was called for interview on 26. 5. 99 vide letter dated 5. 5. 99 issued by I. I. T. , Delhi (Annex. 5) and selected for getting admission to M. Tech. course by an order dated 1. 6. 99 (Annex. 6), as per the order, he was required to join the course on 22. 7. 99. He was also granted permission by the State Government to do the M. Tech. course at I. I. T. Delhi by an order dated 13. 7. 99 (Annex. 7 ). However, by a letter dated 17. 11. 99 (Annex. 8), the respondent No. 3 informed the petitioner that his permission granted by the State Government for M. Tech. course has been cancelled, therefore, he should join the Government Polytechnic College, Barmar immediately. THE said order Annex. 8 was received by the petitioner on 25. 11. 99 at Delhi along with one undated letter (Annex. 9) of Technical Education Department, Rajasthan, Jaipur signed by the Deputy Secretary of cancellation of permission granted earlier. THEse impugned orders at Annex. 8 and 9 are challenged by the petitioner by way of this writ petitioner under Article 226 of the Constitution of India.

(2.) IT may be stated that though served, except by the respondent No. 2 Director of Technical Education, Rajasthan, nobody has filed any reply affidavit to this petition. The respondent No. 2 has filed reply affidavit and has seriously opposed this petition.

(3.) HOWEVER, learned counsel Mr. Bishnoi for the petitioner submitted that the continuous service of the petitioner should be considered from 14. 11. 84 as he was earlier appointed as Lecturer on temporary basis by an order dated 14. 11. 94 (Annex. 1) as provided under the later part of Rule 110 (2) of RSR Rules, 1951.