BHIKA LAL JAIN Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Art. 226 of the Constitution of India has been filed by Dr. Bhika Lal Jain, Dr. Shiv Sharma, Dr. Sudhakar Misra and Dr. T. N. Bhardwaj praying that the selection of Dr. G. S. Nathawat non-petitioner No. 4 as Professor in Botany by the Selection Committee constituted for the purpose, may be declared as void and further the said non-petitioner No. 4 may be removed from the office of Professor of Botany in the University of Rajasthan. A direction is further sought that non-petitioner No. 5 whose name finds place in the reserve list, has no right to be appointed on the post of Professor, Department of Botany, after the retirement of non-petitioner No. 4.

(2.) FACTS as alleged in the writ petition are that Dr. Bhika Lal Jain petitioner No. 1 is working as Associate Professor in the University of Rajasthan since July, 78 and he asserts that he is fully accomplished and duly qualified for being considered for appointment to the post of Professor in the University. At present he is said to be the senior-most Reader in the Department of Botany in the University of Rajasthan. Dr. Shiv Sharma has passed his M. Sc. in Botany in 1952 from the Government College, Ajmer and did his Ph. D. from University of Rajasthan in the year 1973. He states that he has considerable research and teaching experience and is associated with a number of State Government and Central Government bodies. He also fulfils the requisite qualifications for being considered and appointed to the post of Professor in the Department of Botany. The same thing is alleged by Dr Sudhakar Misra, petitioner No. 3 with regard to his academic qualifications' teaching and research experience and there attainments. Dr. T. N. Bhardwai is an Associate Professor in the Department of Botany in the University of Rajasthan for quite a long time.

(3.) SEC. 3 (1) of the Act in unambiguous terms provides that notwithstanding any thing contained in the relevant law, as form the commencement of the Act, no teacher and no officer in any University in Rajasthan shall be appointed except on the recommendations of the Selection Committee constituted under SEC. 5. Sub-section (2) of this section states that save as otherwise provided in sub-section (3), every appointment of a teacher or of an officer in any University made in contravention of sub-section (1) shall be null and void. Sub-section (3) relaxed this rigour only for stop gap arrangement for a period not exceeding one year. The provision relating to constitution of the Selection Committee finds place in SEC. 5 of the Act. Clause (v) of sub-section (1) of SEC. 5 states that Selection Committee, inter alia will consist of such other persons as members specified in column 2 of the Schedule for the selection of the teachers and officers mentioned in column 1 thereof. Entry of sr. No. 2 of the first Schedule enumerates the persons who would, inter alia be member of the Selection Committee along with others for the selection to the post of Professor. These other persons are Dean or, as the case may be, Chairman of the faculty if he is a Professor. Head of the Department concerned if he is a Professor; otherwise the senior most Professor in the department and three experts not connected with the University concerned having special knowledge in the subject in which a Professor is to be appointed to be nominated by the Vice-Chancellor of the University concerned out of a Panel of names recommended by the Academic Council of such University. Explanation-II. " appended to the Schedule states that the three experts to be nominated by the Vice-Chancellor of the University shall be chosen by him on the advice of a Committee consisting of a member of the Rajasthan Public Service Commission to be nominated by the State Government after consultation with the Chairman of the said Commission, the eminent education list nominated under clause (iii) of sub-section (1) of SECtion 5 and the member of the Syndicate nominated under clause (iv) of the said sub-section of the said section and the said Committee shall from out of the panel of names recommended by the Academic Council recommend to the Vice-Chancellor of the University concerned names of atleast twelve experts for each Selection Committee which shall be in order of priority.