G.L. JAIMAN Vs. MAHARAJA GANGA SINGH UNIVERSITY

JUDGEMENT

(1.) The prayer in the present writ petition is to quash the advertisement No. 02/2017 dated 17.01.2017 qua the post of Sec. Officer to the extent it invites applications from the candidates other than the respondent University.

(2.) The grievance of the petitioners is that as per the Schedule III-A of the Maharshi Dayanand Saraswati University, Ajmer Recruitment and Promotion Rules for Non - Teaching Employees, 1998, the source of recruitment for the post of Sec. Officer is 34% by direct recruitment from internal eligible employees and 66% by promotion. The Bikaner University has adopted the Statutes, Ordinances and Regulations of the M.D.S. University. Hence, the respondent - University of Bikaner in its 27th meeting of Board of Management held on 16.07.2016 passed the Agenda No. 314 whereby it was decided to apply the rules of the State Government and to fill up the post of Office Assistant and Sec. Officer from eligible candidates 100% by way of promotion and in case, the eligible candidates are not available, the vacancy shall be filled by way of direct recruitment from outside the University. The petitioners are aggrieved with the amendment vide which decision has been taken to allow candidates from outside the University to apply for the post of Sec. Officer. In pursuance to the said amendment, the respondent University issued an advertisement dated 17.01.2017 inviting applications for various posts including the post of Sec. Officer. A total of 07 posts of Sec. Officer were advertised and the qualification and eligibility for the said post is a graduate with minimum 10 years of service and at least 04 years experience as Assistant/Accountant and in the case of non-graduate, the minimum service required is 14 years. However, the experience as Assistant/Accountant is same i.e. 04 years. As per the instruction No. 06 of the advertisement, the post of Sec. Officer has been issued by inviting applications from the outside candidates apart from the internal eligible employees in view of the regulation passed by the University in its' 27th meeting of the Board of Management held on 16.07.2016 vide Agenda No. 314.

(3.) While praying for setting aside the advertisement dated 17.01.2017 to the said extent vide which it invited applications from the candidates other than the respondent University for the post of Sec. Officer, learned counsel for the petitioners raised the following arguments :-