KAMLESH PUROHIT Vs. JAI NARAYAN VYAS UNIVERSITY JODHPUR

JUDGEMENT

(1.) BY this petition the petitioner, Dr. Kamlesh Purohit seeks review of the order dated 27. 4. 2006 in D. B. Civil Special Appeal No. 118 of 2006. Three appeals were disposed of by the said order. the appeals had arisen from identical orders of the learned Single Judge confirming an interim order staying the appointment of Heads of Department (HOD) in different subjects/faculties in Jai Narayan Vyas University, Jodhpur (in short, "the University") Case of the appellants including the University inter alia was that as a result of stay, the concerned departments had become `headless' as the order of stay by itself could not result in revival of appointment of the previous incumbents on the post. Having regard to the urgency involved, counsel for the parties agreed that the appeals may finally be disposed of at the admission stage and accordingly the appeals were heard on 26. 4. 2006 and 27. 4. 2006, and finally disposed of.

(2.) AS indicated above, the dispute related to the appointment of HODs and the controversy revolved around interpretation of Clause (c) of Statute 8 of the University Statutes. Statute 8 (1) (c) which deals with appointment of HOD lays down the manner in which the appointment shall be made. The provision has been quoted in the basic order dated 27. 4. 2006. In order to make this order self contained, it may again be quoted as under: " 8. (1) (a ). . . . . . . . . . . . . . . . . . . . . . . . . (b ). . . . . . . . . . . . . . . . . . . . . . . . . (c) Each department shall have a Head who shall be appointed in the following order preference: (1) (i) Professor in the subject by rotation by seniority. If a professor who is Head of the Department under Clause (1) (i) above goes on leave without pay/eol, deputation or he goes on any type of leave for a period of not less than 1 month, the next senior-most Professor shall be appointed Head of Department for such period as the person appointed under Clause (1) (i) is on leave. This period shall not count towards the term. (ii) in case there is no professor or all Professors are on leave, Readers by rotation by seniority. If a Reader who is Head of Department under Clause 1 (ii) above goes on leave without pay/eol, deputation or he goes on any type of leave for a period of not less than 1 month, the next senior-most Reader shall be appointed Head of the Department for such period as the person appointed under Clause 1 (ii) is on leave. This period shall not count towards the term. (iii) In case there is no Professor or Reader or all Professors or Readers are on leave, Lecturers by rotation by seniority. If a Lecturer who is Head of the Department under Clause 1 (iii) above goes on leave without pay/eol deputation or he goes on any type of leave for a period of not less than 1 month, the next senior-most Lecturer shall be appointed Head of the Department for such period as the persons appointed under Clause 1 (iii) is on leave. This period shall not count towards the term. "

(3.) AS regards the petitioner herein, a special mention was made of his case. He had been appointed as HOD in Mechanical Engineering Department vice Dr. R. K. Karva who had proceeded on leave, and it was submitted that the appointment being against leave vacancy, he cannot continue as HOD on return of Dr. Karva. After hearing Shri S. D. Purohit who represented the petitioner as respondent in D. B. Civil Special Appeal No. 118 of 2006, the Court passed the following order: " In Course of hearing specific mention was mad - e of the case of Dr. Kamlesh Purohit, respondent in D. B. Civil Special Appeal No. 118 of 2006. It was stated that he was appointed as Head of the Department in Mechanical Engineering vice Dr. R. K. Karva who had proceeded on leave. Appointment of Dr. Purohit being against leave vacancy of Dr. R. K. Karva, Dr. Kamlesh Purohit cannot continue as Head of the Department. Dr. Karva will be reappointed as Head of the Department provided he has not already completed tenure of three years. However, the period of leave will not be counted while counting his tenure for the purpose of appointment/continuance as Head of the Department. "