DAUDAYAL Vs. DIRECTOR RAJASTHAN ORIENTAL RESEARCH INSTITUTE JODHPUR

JUDGEMENT

(1.) THIS is a writ petition for a writ of quo warranto for ousting the respondent No 2 Shri Onkarjal Manaria from the post of a Senior Research Assistant in the Rajasthan Oriental Research Institute, Jodhpur.

(2.) THE question raised appeared to be a simple one to start with, but it is not free from its own complications. THE respondent Shri Manaria came to be first appointed as a Senior Research Assistant in the scale of Rs. 250-15-400 EB 25-600 by Government order dated 2-8-61, which ran as follows - " GOVERNMENT OF RAJASTHAn Education (B) Department From THE Assistant Secretary to the Govt. of Rajasthan, Jaipur. To THE Hony. Director, Rajasthan Oriental Research Institute. Jodbhpur. Sub:-Appointment of a Research Assistant. Ref:your memo No. F. 3/estt/rort/61/jpr/150 dated 28-7-1961. I am directed to convey sanction of the Governor to the temporary appointment of Shri Onkarlal Menaria, M. A. , against the post of Senior Research Assistant in the scale of 250-15-400-EB-25-600, created under item II (i) of this Department order No F. 2 (s9) Edu/c/6l Gr. I dated 23-5-61, for a period of 6 months in the first instance or till a candidate selected by the Rajasthan Public Service Commission joins, whichever is earlier. Sd/- Assistant Secretary to Government. " THE petitioner's case in seeking a writ of quo warranto, in short, is that after the expiry of the period of six months in terms of the above order there was no valid order of further appointment in favour of Shri Manaria or for that matter extending the period of his appointment. THE petitioner further took the stand that when Shri Manari was appointed he did not fulfil the qualifications for the post. THE position continued like this even till the Governor constituted the Rajasthan Oriental Research Institute Service in 1967 and the Rajasthan Oriental Research Institute Service Rules, 1966, hereinafter to be referred as the Rules, were first published in the Raj. Rajpatra on 24-1-67. THE petitioner further avers that the post of Director, Oriental Research was abolished by the Government on 24-3-70 and when the Screening Committee met to consider the cases of such of the employees who would be fixed up in accordance with the Rules it included the Director of Sanskrit Education instead of the Director of Oriental Research wish the result that the proceedings of the Selection Committee stood vitiated. THE respondent came to be appointed on 19-7-71 as Senior Research Assistant on the recommendation of a committee which was not properly constituted. THE order of appointment dated 19 7-71 runs as follows

(3.) BEFORE proceeding further I may deal with certain preliminary objections that were raised by learned counsel for Shri Manaria. In the first instance, he submitted that this was a petty post not being an independent one and, therefore, a writ of quo warranto should not be issued, secondly, the writ petition has been filed after considerable delay; the first appointment of Shri Manaria being of the year 1960, thirdly, the State was not made a party to the writ petition and therefore, the writ petition is not maintainable, and lastly, irrespective of the validity or otherwise of the earlier orders at present Shri Manaria is functioning as Senior Research Assistant on account of a valid order.