STATE OF RAJASTHAN Vs. SANJAY KALANI

JUDGEMENT

(1.) Since on same set of facts common order passed by the learned Single Judge is under challenge, both the appeals have been heard together and are being decided by this common judgment.

(2.) Admittedly, both the respondents have been appointed as Assistant Professors in the Department of Anesthesia and Senior Demonstrator in the Department of Pathology respectively in the month of September, 1995 purely on urgent temporary basis for a fixed period or till regularly selected candidates are made available through Rajasthan Public Service Commission (for short 'the RPSC). The period of ad hoc temporary appointment was extended from time to time. It is also not in dispute that both the respondents had participated in the regular process of selection undertaken by the RPSC for the respective so notified. However, not been selected, services of both the respondents came to be terminated vide order dated 15.7.1998. The order of termination came to be challenged by the respondents before this court. While allowing the writ petitions by the common impugned order dated 21.11.2002, the learned Single Judge set aside the termination orders dated 15.7.1998 and ordered for their continuance in service. It appears that learned Single Judge granted the relief to the respondents mainly on the ground that some of the vacancies are still lying vacant in the department and the respondents-petitioners could be continued on such vacant posts.

(3.) After hearing learned counsel for the parties, we have carefully gone through material on record.