MAHARISHI DAYANAND UNIVERSITY AJMER Vs. R K VYAS

JUDGEMENT

(1.) SINCE both the special appeals have arisen out of the same judgment of the learned Single Judge, on joint request of the parties, both the appeals have been heard together and are being decided by this common judgment.

(2.) APPLICATIONS were invited for appointment on one post of the Registrar in the Maharishi Dayanand Saraswati University, Ajmer (hereinafter to be referred to as `the appellant-University'), vide advertisement dated 5. 3. 1998. The same was again notified in the subsequent advertisement dated 13/15. 4. 1998, including some more posts apart from the post of Registrar. In pursuance to the above advertisement, 17 applications were received for the post of Registrar. After scrutiny of the applications, 10 candidates were found eligible. The interviews were held on 6. 11. 1998. The writ petitioner-appellant Shri R. K. Vyas (hereinafter to be referred to as "the writ petitioner") was also called for interview. The Selection Committee recommended the name of one Shri Ram Kishore Sharma for appointment on the post of Registrar in the appellant University. The name of the writ petitioner was kept in the reserve list.

(3.) AS has come on record, the Committee constituted by the Board of Management, to enquire into the appointment of the writ petitioner as Registrar, for one reason or the other, could not function and, as such, the Vice Chancellor of the appellant University made a reference, under Section 19 (4) read with Section 8 (2) of the Act, to the Chancellor - His Excellency the Governor of Rajasthan, vide letter dated 12. 12. 2000. On consideration of the reference made by the Vide Chancellor, the Chancellor conveyed his opinion that the reserve list in the present case had not been approved by the Board of Management and further since there existed no circumstances warranting application of Section 19 (4) of the Act and that with the termination of selection process upon appointment of Shri R. K. Sharma, reserve list could not have been acted upon, therefore, the appointment of the writ petitioner Shri R. K. Vyas from the reserve list was illegal. The Chancellor directed the Vice Chancellor of the appellant University to withdraw the appointment of the writ petitioner Shri R. K. Vyas as Registrar in accordance with law.