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2011 Supreme(Raj) 312

[Citation : 2011(4) RLW 3241 (Raj.)]
(Rajasthan High Court)
Fateh Kishan Kapil Vs. J.N.V.U. & Ors. (Tatia, J.)
HON'BLE PRAKASH TATIA, J.
HON'BLE DINESH MAHESHWARI, J.
Fateh Kishan Kapil
Versus
Jai Narain Vyas University, Jodhpur & Ors.
D.B. Civil Special Appeal (Writ) No. 312 of 2006 & 6 Ors., decided on 07.04.2011

Advocates Appeared
Servashri M. Mridual, M.C. Bhoot, P.P. Choudhary, Senior Advocates, S.D. Vyas, Narpat Singh, A.K. Choudhary, P.R. Singh and Sanjay Mathur, for their respective Parties

Headnote:U.G.C. Regulation, 2002 — Qualification for appointment and Career Advancement of teachers in Universities and Colleges — Constitutional validity of Ordinance 317 — Whether exercise of promotion as C.A.S. is without jurisdiction — Held — There is no statutory provision or other provision in conflict with Ordinance 317 — Regulations of UGC 2000 and Ordinance 317 hold the field — The decision of Single Judge so far holding that the exercise of promotion in C.A.S. is without jurisdiction and whole process of promotion under the C.A.S. as under taken by University is illegal, is set aside — Directed to list the appeal before Division Bench for hearing on merits. (Para 71)

       Appeals disposed accordingly.

       ;w-th-lh- fofu;e] 2002 & fo'ofo|ky;ksa ,oa egkfo|ky;ksa esa izk/;kidksa dh fu;qfDr ,oa dsfj;j ,MokalesV gsrq ;ksX;rk,a & v/;kns'k 317 dh laoS/kkfud fof/k ekU;rk & D;k lh-,-,l- ds :i esa inksUufr dk iz;ksx djuk vf/kdkfjrk foghu gS & vfHkfu/kkZfjr & v/;kns'k 317 ds eqdkcys esa dksbZ laoS/kkfud izko/kku ;k vU; izko/kku ugha & ;wthlh 2000 ds fofu;e vkSj v/;kns'k 317 viuk otwn j[krs gS & ,dy ihB dk fu.kZ; tgka rd ;g bl ckr dks vfHkfu/kkZfjr djrk gS fd lh-,-,l- esa inksUufr dk dk;Z vf/kdkfjrk foghu gS rFkk fo'ofo|ky; }kjk ;Fkk viukbZ xbZ lh-,-,l- ds rgr inksUufr dh lEiw.kZ izfØ;k voS/k gS] dks vikLr fd;k & vihyksa dks xq.kkxq.k ij lquokbZ gsrq [k.MihB ds le{k lwphc) djus ds funsZ'k fn;sA ¼in la[;k 71½

       vihy rn~uqlku fuLrkfjr dhA

       

Hon'ble TATIA, J.—Heard learned counsel for the parties.

2. Four writ petitions, viz., SBCWP No.3451/2001 – Fateh Kishan Kapil vs. JNV University, Jodhpur & Ors, SBCWP No.3704/2001- Anil Pathak vs. JNV University, Jodhpur & Ors, SBCWP No.4314/2001 – Ms. Prabha Bhandari vs. State of Raj. & Ors, SBCWP No.4021/2002- Dr. AK Gupta vs. JNV University, Jodhpur and SBCWP No.3933/2001 were clubbed which is apparent from the order dated 20th Nov., 2001 passed in SBCWP No.4314/2001 and all the above writ petitions were heard together by the single bench of this Court. However, all above writ petitions were decided by separate judgments delivered on different dates.

3. In brief we would like to give details of the facts of each petition in brief and final decisions given in above writ petitions by the single bench of this Court on different dates which is as under: -

1. SBCWP No.4314/2001 – Prabha Bhandari vs. State of Raj. & Ors., decided on 30.8.2002 (under challenge in SAW No.632/2002) :

4. This writ petition was filed by petitioner Ms. Prabha Bhandari. The above petitioner was aspirant for the promotion from the post of Reader in department of Political Science and Public Administration to the post of Professor under popularly known Career Advancement Scheme and the full name of above scheme is “UGC Regulations 2002 Regarding Qualifications for Appointment and Career Advancement of Teachers in Universities and Colleges” – A Scheme given by the University Grant Commission (hereinafter referred to as 'the CAS') by purported exercise of powers conferred by clause (e) and (g) of sub-section (1) of Section 26 read with Section 14 of the University Grant Commission Act, 1956 (hereinafter referred to as the Act of 1956) superseding the regulations issued under University Grant Commission letter No.F1-93/74(CPP) Part (v) dated 13th June, 1983 and letter no.F1-11/87(CPP-II) dated 19th Sept., 1991 and notification no.1-93/74(CP) dated 19th Feb., 1984, 26th Nov., 1985 and No.F3-1/94(PS) dated 24th Dec., 1998. The petitioner before filing this writ petition took chance of her selection and promotion in the said Career Advancement Scheme (CAS) and she also appeared in the interview and before the results of selection could have been declared, preferred this writ petition. The petitioner by this writ petition sought to challenge the process of selection on the grounds that the respondent-university did not follow the procedure like the respondent-university did start the selection process in the month of Jan., 2001 without there being any orders of implementation, without issuing eligibility list of all the candidates due for promotion under the CAS nor issued seniority list in accordance with the Rules, which was mandatory requirement for initiation of the process for giving promotion to the post concerned under CAS. The petitioner specifically stated in the writ petition that the respondent-university was bound to follow the mandatory guidelines issued by the UGC and the regulations framed by the UGC under Section 26 of the UGC Act were mandatory in nature and, thereafter, alleged that the respondent issued notification dated 7th Sept., 2001 after obtaining approval from the Chancellor vide letter dated 27th August, 2001 making changes in the selection committee was illegal as was violative of provisions contained in the Jai Narain Vyas University, Jodhpur Act, 1962. The petitioner also raised several other pleas which we need not to mention here in detail because of the reason that after referring all the pleas of the above petitioner in detail the learned Single Judge allowed the writ petition of the petitioner and selection for the post of Professor for Political Science Department was quashed on the ground of bias as respondent no.4 Prof. LS Rathore as Vice-Chancellor participated in the selection committee wherein he should not have participated because of the reason that one of the candidate Dr. PS. Bhati was his close relative and the selectio

































































































































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