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1985 Supreme(SC) 84

SABYASACHI MUKHARJEE, E.S.VENKATARAMIAH
Sushma Sharma – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
ARUNESHVAR GUPTA, B.D.SHARMA, G.L.SANGHI, LALITA KOHLI, MANOJ SVARUP, R.K.GARG, S.K.JAIN, SOBHAG MAL JAIN, Y.S.Chitale

Judgement Key Points

What is the true meaning of section 3 of the Rajasthan Universities Teachers (Absorption of Temporary Lecturers) Act, 1979? What is the validity of fixing a pre-determined date (25 June 1975) to determine eligibility for screening for absorption, and does it create an irrational or unjustifiable differentiation under Articles 14 and 16 of the Constitution? What governs whether a date chosen for classification in absorption statutes must have a nexus with the object of the legislation, and is such a date permissible to achieve long-tenured absorption of temporary lecturers?

What is the true meaning of section 3 of the Rajasthan Universities Teachers (Absorption of Temporary Lecturers) Act, 1979?

What is the validity of fixing a pre-determined date (25 June 1975) to determine eligibility for screening for absorption, and does it create an irrational or unjustifiable differentiation under Articles 14 and 16 of the Constitution?

What governs whether a date chosen for classification in absorption statutes must have a nexus with the object of the legislation, and is such a date permissible to achieve long-tenured absorption of temporary lecturers?


Judgment

SABYASACHI MUKHARJI, J.: - These appeals by special leave arise out of the judgment of the Division Bench of the Rajasthan High Court. The appeals are by the original petitioners before the learned single Judge of the Rajasthan High Court and who having succeeded before the learned single Judge became respondents in the appeals filed by the University before the Division Bench. The appellants in these appeals and, other connected appeals were temporary lecturers and. teachers on various subjects. They were appointed temporary lecturers by the Vice-Chancellor by virtue of section 20A of the University of Rajasthan Act, 1946.

2. Section 4 of the Rajasthan Universities Teachers and Officers (Special Conditions of Service) Act, 1974 hereinafter referred to as 1974 University Act provides for regular selection by Selection Committees. Section 3 of the 1974 Act provides that no stop-gap or part-time arrangement can be made for more. than six months. The temporary appointments of lecturers by the Vice-Chancellor cannot be made for more than one academic year. Further sub-section (1) of section 3 of the said Act provides that notwithstanding anything contained in the relevant law as






































































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