OM PRAKASH Vs. RAJASTHAN AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS petition has been filed in 1993 by five persons working under the Directorate of Extension Education at the Printing Press of respondent No. 1 Rajasthan Agriculture University, Bikaner.

(3.) IN the undisputed scenario noticed above, to the Court it appears, that it is a clear case of exploitation and practicing unfair labour practice by the respondent University, which undoubtedly is a State Agency to the detriment of the fundamental rights guaranteed to its citizens under the Constitution as freedom against arbitrariness and exploitation to be treated fairly by the State including all instrumentalities of State. It is true that no one has vested right to be appointed without ordinarily there being a participatory process by providing equal opportunity of employment in terms of Article 16 but it is equally true that if State Agency do act in violation of its duty to act fairly and without recruiting their requisite hands through proper procedure and decides to employ the workman on casual or adhoc basis on broad plea of financial constraints, for fairly long spell and then denying them the fair treatment in the matter of offering a fair condition of employment and by raising the plea of seeking employment through open market competition which itself has not chosen to resort to results in denial to its workmen an exploitation free employment.