MAHESH KUMAR Vs. RAJASTHAN KRISHI VISHVA VIDHYALAYA BIKANER

JUDGEMENT

(1.) Heard the learned counsel for the parties. Only substantive relief claimed in this writ petition is about declaration of Sections 7, 9, 11 and 19 of the Rajasthan (Regulation of Appointment to Public Service and Rationalisation of Staff) Act, 1999 to be ultra vires and consequently directing the respondents to give benefit of regularisation to the petitioner on the Post of Class IV employee w. e.f. which date, the person junior to him have been given benefit of regularisation and regular pay scale.

(2.) So far as the relief relating to declaration of provisions of the aforesaid Act as ultra vires is concerned, a Division Bench of this Court in the judgment Bhawani Singh and 17 others v. State and others 2002 (3) WLC 728 has already declared Sections 9, 11 and 19 ultra vires.

(3.) Consequently, it is further held that the respondents cannot refuse to consider the case of the petitioner relating to regularisation of the employees who are regular under them.