JODHPUR UNIVERSITY TEMPORARY Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) THESE two petitions: one filed by Jodhpur University Temporary Teachers Forum (for short 'the Forum' and the other filed by one Shri Mohan Swaroop Mahesh wari Associate Professor, Department of Physics and Member of syndicate, University of Jodhpur, Jodhpur raise certain common questions of law and facts and, therefore, they were heard together and are being disposed of by a common order.

(2.) SUCCINCTLY stated the facts of the writ petition No. 2916 of 1990, filed by the Fourm are: that the members of the petitioner fourm are serving this University for the past some years. In order to safeguard their rights and to have the bargains and for obtaining better conditions of service from the University of Jodhpur, this forum was constituted by the temporary teachers of the Jodhpur University.

(3.) IT was submitted that the mambers of the Fourm mentioned in Schedule -A annexed with the writ petition are those who were appointed as adhoc lecturers (Assistant Professors) for the last so many years and all of them were appointed last year vide order Annexure -2 dated 31.8.1989. Earlier, they were appointed upto 5.5.1990 but later vide Order Annexure -3 dated 2.5.1990, their term was extended upto 31.5.1990 or till the selected teachers become available. It was further submitted that the Syndicate vide its Resolution No. 17/89 dated 28.4.85 resolved that Assistant Professors who have served for 9 months or more shall be paid salary for the vacation period and in compliance of that resolution an Office Order dated 31.6.1990 was issued whereby the members of the petitioner Forum were made entitled to take salary upto summer vacation. It is alleged that the respondent University has now issued an advertisement No. Esf/1/90 -91/21/58 -91 dated 21.5.1990 prescribing certain qualifications for recruitment to the post of Lecturers (Assistant Profassors) and those qualifications are in consonance with the letter dated 8.5.1989 of the UGC. It was, therefore, submitted that the qualifications required for the post of Lecturers (Assistant Professors) vide advertisement Annexure -5 dated 21.5.1990 are contrary to the Ordinance 317 and, therefore, they have got no valid basis and hence, no selection can be made on the basis of this advertisement. It was further submitted that this advertisement relates to the selections of adhoc Lecturers (Assistant Professors) and therefore, it is a case of replacing adhoc Lecturers by another set of adhoc Lecturers. Thus, it is a case of continuous adhocism which has been deprecated by the Apex Court of the Country.