FATEH KISHAN KAPIL Vs. JAI NARAIN VYAS UNIVERSITY

JUDGEMENT

(1.) Heard learned counsel for the parties. Four writ petitions, viz., SBCWP No.3451/2001 - Fateh Kishan Kapil Vs. JNV University, Jodhpur & Ors, SBCWP No.3704/2001- Anil Pathak Vs. JNV University, Jodhpur & Ors, SBCWP No.4314/2001 - Ms. Prabha Bhandari Vs. State of Raj. & Ors, SBCWP No.4021/2002- Dr. AK Gupta Vs. JNV University, Jodhpur and SBCWP No.3933/2001 were clubbed which is apparent from the order dated 20 th Nov., 2001 passed in SBCWP No.4314/2001 and all the above writ petitions were heard together by the single bench of this Court. However, all above writ petitions were decided by separate judgments delivered on different dates. In brief we would like to give details of the facts of each petition in brief and final decisions given in above writ petitions by the single bench of this Court on different dates which is as under: -

(2.) In the background of above facts, the learned Single Judge proceeded to examine the provisions of the Act of 1974 and amendments made time to time in the Act of 1974 vis-a-vis the CAS and about the authority of U.G.C. Under the U.G.C. Act, 1956. The learned Single Judge thereafter, held that there is no power seen in clause (e) and (g) of Section 26 of the Act of 1956 that authorizes the UGC for providing any promotional avenue and create a cadre in an University. Then the learned Single Judge held that, that being the position, the act of respondents in holding the selection for appointment under CAS cannot be considered to be legal exercise and consequently, there is no legal right in the petitioner which can be enforced and ultimately held that no mandamus can be issued in favour of the petitioner for participating in an illegal activity. The learned Single Judge then held that court cannot issue direction to any statutory authority to do something in violation of statutory provisions after relying upon the judgment of the Hon'ble Supreme Court delivered in the case of Karnataka State Road Transport corporation Vs. Ashrafulla Khan & Ors, 2002 1 JT 113. In view of the above declaration made in the impugned judgment dated 20 th Sept., 2002 , the learned Single Judge held that it is not necessary to go into the other questions raised by the petitioner which will be decided in other writ petitions pending adjudication.

(3.) SBCWP NO.4021/2001- Dr. AK Gupta Vs. State & Ors., decided on 18.12.2002 (under challenge in SAW No.65/2003 - JNV University vs. Dr. AK Gupta and in SAW No.153/2003 preferred by Dr. RP Tripathi:-