PRIYANKA JOSHI Vs. KARAN NARENDRA AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) Instant petition has been filed by the petitioner with the following prayer:-

(2.) Counsel for the petitioner submits that pursuant to the advertisement dtd. 17/4/2017, the petitioner participated in the process for selection for appointment on the post of Subject Matter Specialist (Home Science). Counsel submits that only one post was advertised for unreserved female candidate and one Ms. Ragini Ranawat was selected on the aforesaid post and appointment letter was offered to her on 30/6/2018. Counsel submits that said Ms. Ragini Ranawat joined elsewhere and the post in question was lying vacant and the petitioner was at Merit No.1 in the reserve/waiting list. The respondents have not operated the same for the reasons best known to them. Counsel submits that when the reserve list was not operated, she approached this Court by way of filing of the instant petition. Counsel submits that while issuing notices to the respondents on 12/12/2018, this Court passed this interim order that "The waiting list for the post of Subject Matter Specialist (Home Science) made pursuant to the selection following the advertisement dtd. 17/4/2017 issued by the Jobner University shall remain operative". Counsel submits that looking to the letter dtd. 19/7/2018 issued by His Excellency, the Governor, the selection process was kept in abeyance. Subsequently, the Ministry of Human Resources Development, (for short, 'MHRD') Department of Higher Education, Government of India issued a letter on 7/3/2019 directing the Secretary, University Grants Commission, New Delhi, for issuing necessary directions to all the universities to start the recruitment process immediately. Counsel submits that in consonance with the aforesaid letter, the University Grants Commission, New Delhi (for short, 'UGC') issued a letter on 7/3/2019 directing all the universities to start the recruitment process immediately. Counsel further submits that vide order dtd. 9/7/2021 the Department of Higher Education, Government of Rajasthan issued guidelines indicating therein that the advertisement in which no activity relating to final selection i.e. examination or interview etc. has not been completed and the recruitment process is still pending at the stage of advertisement and inviting the application, in such cases, the new rule notified on 7/3/2019 will be applied and the vacancies to be brought in the new roster accordingly. Counsel submits that in the instant case, aforesaid situation was not existing as the selection process was completed prior to issuance of the new rule which is notified on 7/3/2019. Counsel submits that under these circumstances, there is no hurdle with the respondents to operate the waiting list and offer appointment to the petitioner. Counsel submits that the respondents have operated the reserve/waiting list on 19/7/2018 with regard to identical post and granted appointment to the similarly situated persons on the post of Assistant Professor. Counsel submits that the respondents cannot make any discrimination with the petitioner at this stage. Counsel submits that the petitioner has approached this Court within time before expiry of the date of reserve/waiting list. Counsel submits that when the instructions issued by the MHRD and the UGC were not followed, the petitioner submitted an application for compliance of the aforesaid letter dtd. 7/3/2019 on 17/8/2022, this Court directed the respondents to make compliance of the letter dtd. 7/3/2019. It was also observed by this Court that if the compliance of the aforesaid letter is not done the Registrar of the University shall remain present before this Court. Counsel submits that when the compliance of the aforesaid letter was not done, an application was submitted by the University for extension of time for compliance of the order passed by this Court. Hence the respondents be directed to make compliance of the order. In support of his contentions, counsel has placed reliance on the following judgments:-

(3.) Counsel submits that in view of the submissions made hereinabove, interference of this Court is warranted and the respondents be directed to operate the reserve merit list and grant appointment to the petitioner with all consequential benefits.