BHARATLAL SHARMA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) BY advertisement No. 1/82 (T) issued by the Registrar on behalf of the University of Rajasthan, Jaipur, applications were invited for various posts contained therein so as to reach the office of the Registrar on or before July 31, 1982 in the prescribed form which was available from his office on pre-payment of Rs. 4/ -. Rs- 4/- were to be paid in extra in case the prescribed form was required by post. Six posts of Asstt. Professors (Lecturers) in Chemistry were advertised and the said posts were categorised as leave/temporary. Note 2 and3 of the advertisement are relevant and they read as under:- Note:- 2: The posts of Associate Professor in Econ. ,-1 Public Admn. 1, Sociology-1. Education-1, and Asstt. Professors in History-2, Public Admn. 3, and Education-10 are temporary but likely to continue to indefinite period and may be made permanent". Note-3 : Leave vacancies are of the duration ranging from 3 months to one year. Many applications were received to fill the six posts of Assistant Professors (Lecturers) in the subject of Chemistry, the category of posts being temporary/ leave and the Selection Committee was constituted which recommended the appointment of candidates. Though six vacancies (leave/temporary) were advertised but there is no dispute that the number of leave/temporary vacancies by that time increased to 8 and the candidates including the respondent No. 2 Dr. Dinesh Gupta were recommended for appointment on the posts of leave/temporary vacancies. Later on one more leave vacancies also occurred as a result of one of the persons proceeding on study leave and that post was also filled.

(2.) THE power to appoint vests in the Syndicate which approved the names of the candidates for appointment recommended by the Selection Committee. THEreafter vide order dated August 1, 1983 (Annexure-4) on the recommendations of the Selection Committee constituted in terms of section 4 of the Rajas-than Universities Teachers & Officers (Special Conditions of Service) Act, 1974 (for short,the Act) which have been approved by the Syndicate as many as 8 candidates were appointed as Asstt. Professors (Lecturers) on temporary basis. Among the eight candidates, the name of the respondent No 2 appears at No. 3. It was made clear in the aforesaid order dated August 1, 1983 (Annexure-4) that the appointment of all the candidates is purely on temporary basis for a period of six months or till further orders whichever is earlier. It was also subject to the decision of the special leave petitions numbered therein which were pending in the Supreme Court. All the candidates were requested to report for duty to the Head of the University Department of Chemistry immediately.

(3.) THE writ petition is contested on behalf of the non -petitioners on the ground that the petitioner has no locus standi to file the writ petition and that notwithstanding the withdrawal of the offer of appointment by the University of Rajasthan the panel prepared by the Selection Committee still holds good and the non-petitioner No. 2 can be considered for appointment by the Syndicate. THE non-petitioners further contested this writ petition on the ground that the same is premature because the Syndicate before appointing anybody on the post of Asstt. Professor (lecturer) is still to consider the application dated November 19, 1984 and it may or may not accept the same.