JUDGMENT

KASLIWAL, J.: —Special Leaves granted..

2. Briefly stated the facts are that University of Rajasthan invited applications for the post of Professor in the department of Botany. The Selection Committee constituted under S. 5 of the Rajasthan University Teachers and Officers Selection for Appointment Act of 1974* (hereinafter referred to as the Act of 1974) held interviews on 20th June, 1989 and selected Dr. G. S. Nathawat for the post of Professor in Botany. The name of Dr. Uma Kant was mentioned in the reserve list by the Selection Committee. The Syndicate of the University approved the list and appointed Dr. Nathawat on the said post. Dr. Nathawat retired on 30th September, 1989 and Dr. Uma Kant who was already selected and kept in the reserve list was appointed as Professor in the department of Botany. Dr. Bhikalal, Dr. Shiv Sharma, Dr. Sudhakar Mishra and Dr. T. N. Bhardwaj who were not selected filed a writ petition in the High Court initially challenging the appointment of Dr. Nathawat on the ground that the Selection Committee was not constituted in accordance with law and objection was also raised that once a selected person joins the post, the reserve list exhausted