2019 Supreme(Raj) 1127
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
Pratap Krishna Lohra, Arun Bhansali, JJ.
Prashant Mehta and Ors. - Appellants
Vs.
The National Law University, Jodhpur and Ors. - Respondents
D.B. Civil Writ Nos. 8791, 9153 and 9223 of 2016
Decided On : 28-05-2019
For the Appellant :Rajesh Joshi, Senior Advocate, Vineet R. Dave and Kamal Dave
For the Respondents: Kuldeep Mathur, Rajvendra Saraswat and Himanshu Shreemali
Headnote:
National Law University Act, 1999 – Section 22 – University Service Regulations, 2001 –Writ petitions essentially voiced their grievances against decision of respondent National Law University, besides claiming other consequential/ancillary reliefs In order to seek complete redressed of their afflictions, petitioners also felt necessity to challenge vireos and therefore, at their behest, Regulations 5 & 6 of Regulations and amended/inserted Regulations 37 & 38 are questioned in petitions. That apart, validity of Regulation 2(1) (d) of Provident Fund Regulations too is assailed –Held, Impugned Service Regulations 5 & 6 of Regulations and amended Regulations 37 & 38 are declared ultra vies and same are struck down. We are clarifying here that we have not touched merits of the case and, therefore, for other reliefs, let these petitions be placed before appropriate Single Bench for decision on merit. The learned Single Judge, while considering grievances of petitioners pertaining to other reliefs, is expected to examine matters dispassionately uninfluenced by observations made by us supra – Petition dismissed. (Para 14)
Facts of the case:
Writ petitions essentially voiced their grievances against decision of respondent National Law University, besides claiming other consequential/ancillary reliefs In order to seek complete redressed of their afflictions, petitioners also felt necessity to challenge vireos and therefore, at their behest, Regulations 5 & 6 of Regulations and amended/inserted Regulations 37 & 38 are questioned in petitions. That apart, validity of Regulation 2(1) (d) of Provident Fund Regulations too is assailed.
Findings of the court:
Impugned Service Regulations 5 & 6 of Regulations and amended Regulations 37 & 38 are declared ultra vies and same are struck down. We are clarifying here that we have not touched merits of the case and, therefore, for other reliefs, let these petitions be placed before appropriate Single Bench for decision on merit. The learned Single Judge, while considering grievances of petitioners pertaining to other reliefs, is expected to examine matters dispassionately uninfluenced by observations made by us supra.
Result: Petition dismissed.
ORDER :
Pratap Krishna Lohra, J.
1. Petitioners, in these writ petitions, have essentially voiced their grievances against decision dated 27th June, 2016 of the respondent National Law University, Jodhpur (for short, 'NLU') besides claiming other consequential/ancillary reliefs. In order to seek complete redressal of their afflictions, the petitioners have also felt necessity to challenge vires of the University Service Regulations, 2001 (hereinafter referred to as 'Service Regulations'), and therefore, at their behest, Regulations 5 & 6 of the Regulations and amended/inserted Regulations 37 & 38 are questioned in the petitions. That apart, validity of Regulation 2(1) (d) of the Provident Fund Regulations (promulgated by NLU under Section 22 of the Schedule appended to National Law University Act, 1999) (for short, 'PF Regulations') too is assailed.
2. The ritualistic factual matrix, common in all these petitions, unfurls that initial appointment of all the three petitioners pursuant to selection was on contract basis. Petitioner Dr. Manmeeta having qualification of Ph.D. (Physics) to her credit was appointed as Assistant Lecturer in year 2001. Petitioner Dr. Anjana Vyas, having qualification of Ph.D. (Zoology) was initially appointed as Lab Assistant in year 2003 but later on promoted as Teaching Assistant in the year 2005 and thereafter as Assistant Lecturer in the year 2006. Third petitioner Dr. Prashant Mehta with qualification of Ph.D. (Chemistry) joined as Assistant Lecturer in the year 2003. Since inception of their service journey, as per all the petitioners, entrusted duties were discharged by them with utmost satisfaction. With a view to highlight their credentials, it is also pleaded in the petitions that petitioner Dr. Manmeeta earned advancement of service career w.e.f. 11th June, 2010 as Associate Professor to be fixed in higher pay scale with other admissible allowances. Likewise, for petitioner Dr. Anjana Vyas and petitioner Dr. Prashant Mehta this aspect is projected in their petitions w.e.f. 17.05.2008 and 27.07.2008 respectively.
3. Overall, the facts narrated in all the petitions depict longevity of writ petitioners' service tenure and excellence in performance of their duties, as perceived/acknowledged by the NLU. Petitioner Dr. Prashant Mehta in the writ petition has also alleged discrimination in the matter of career advancement and conferment of higher status vis-à-vis other members of teaching staff. Ventilating grievances against treating him contractual employee, petitioner Dr. Mehta has castigated NLU for meeting out unfair treatment. Almost identical insinuations in this behalf find mention in the writ petition of Dr. Anjana Vyas. However, Dr. Manmeeta, in the writ petition, while showing her annoyance against status of a contractual employee, has otherwise also espoused cause for grant of desired reliefs.
4. Petitioner Dr. Manmeeta, in the petition, projected her academic profile with the other accolades earned, a consistent good academic record right from secondary school education also finds mention in the writ petition. As per the version of the writ petitioner, she was awarded gold medal in B.Sc. Examination of 1996 by Jai Narayan Vyas University for securing first position and "Priyadarshini" award for academic achievements in the year 2004, publishing two books which are viz. "Engineering Physics: Part I" and "Polymer Cyramic Composites for piezoelectric sensors Applications" is also unfurled in the pleadings to highlight credentials. Three students have completed their Ph.D. under her guidance besides completion of research by one incumbent and another pursuing Ph.D. is also incorporated in the pleadings to prove academic excellence.
5. The other petitioner Dr. Prashant Mehta too has mentioned with clarity and precision his academic, research and administrative assignments including publicati