VICE CHANCELLOR Vs. CHANDRA VIJAY DHABARIA

JUDGEMENT

(1.) The only question involved in the present revision petition is a primary question for the interpretation in the suit as well filed by the plaintiff as to what does the definition of "Teacher" means the parties have agreed on 12-1-1998 before this Court that this Court in the present revision petition may decide the controversy in regard to the definition/interpretation of the "Teacher" as defined under the Rajasthan University Act and in such situation the parties shall be bound by such a decision in the civil suit as well i.e. the civil suit shall stand decided in view of the decision of this revision petition. The following order was passed on 12-1-1998 :

(2.) Facts leading to the present revision petition filed by the Vice-Chancellor and the University of Rajasthan are that the plaintiff had filed the suit challenging the election of Senate and Syndicate to be held on 6-12-1997 and for permanent injunction praying therein that the University was bound to comply with Sections 2, 18 and 21 of the University Act, 1946 and Statute 119 and Section 2 of the Act of 1974 with the further prayer and declaration that the plaintiff Dr. Chandra Vijay Dhabaria, now non-petitioner-plaintiff is a "Teacher" as defined under the Act and that he was entitled to vote and contest for being elected in the Senate or the Syndicate. Along with the suit the plaintiff-non-petitioner had filed an application for grant of temporary injunction under Order 39, Rules 1 and 2, C.P.C. praying therein that during the pendency of the suit the election of the Senate and Syndicate be stayed in regard to reserve seats of the teachers. Learned Additional Civil Judge, Jaipur vide its order dated 1-12-1997 had partly allowed the application of the plaintiff- non-petitioner and the temporary injunction was handed over in favour of the applicant and against the petitioner to the effect that the applicant cannot be restrained from voting in the election of Senate and Syndicate which was going to be held on 6-12-1997.

(3.) Both the parties went in appeal against the aforesaid order which had come up for hearing before the learned Additional District Judge, Jaipur. In the cross-appeal of the plaintiff it was ordered on 5-12-1997 by the Additional District and Sessions Judge No. 5, Jaipur city, Jaipur that the elections to be held for electing candidates from reserved constituency of teachers be not held. Aggrieved against the said order the present petitioners have filed the revision petition with the prayer that the orders be quashed.