LAWS(RAJ)-2005-5-17

RAGHU SHARMA Vs. UNIVERSITY OF RAJASTHAN

Decided On May 17, 2005
RAGHU SHARMA Appellant
V/S
UNIVERSITY OF RAJASTHAN Respondents

JUDGEMENT

(1.) BY way of this present petition the petitioner prayed the following prayers: (i) by an appropriate writ, order or direction the impugned order dated 14. 7. 2004 may be quashed and set aside. (ii) by further appropriate writ, order or direction the respondent University may be directed to allow the petitioner to continue to work as Member of the Syndicate, University of Rajasthan as per his nomination order dated 25. 8. 2003 and he may be continued as a member of Selection Committee being a member of Syndicate as he was earlier appointed for the same for a period of one year. (iii) by further appropriate writ, order or direction the respondent/university may be restrained from nominating any other person as Member of the Syndicate in place of the petitioner and if any such illegal order of nominating any person is issued during pendency of the writ petition, the same order may kindly be taken on record and it may also be quashed by the Hon'ble Court. (iv) Any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner. (v) Cost of the writ petition be awarded in favour of the petitioner.

(2.) THE main controversy is with regard to that while exercising power vested under Section 21 (1) (iv) of the University Act the Vice Chancellor nominated the petitioner on 25. 8. 2003 as member of Syndicate for a period of three years.

(3.) LEARNED counsel for Dr. Mishra has submitted that the petitioner has not come with clean hands and the petition itself is not maintainable. It should be dismissed solely on the ground of grave concealment of material facts. The petitioner also tried to mislead this Court by mentioning wrong facts on oath.