Back
ARUN MONGA
Surendra S. Chouhan S/o Hanumant Singh Chouhan – Appellant
Versus
Mohan Lal Sukhadia University, Udaipur, Rajasthan Through Its Registrar – Respondent
ORDER :
Petition herein has been filed with the following prayer clause :-
(B) By an appropriate order or direction, the respondent may be directed to allow the petitioners to continue on the post of Assistant Director (Physical Education).
(C) Any other appropriate order or direction which this Hon’ble Tribunal may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”
2. Petitioners, being ex guest faculty members, are before this Court having remained unsuccessful after competing for the regular appointment on the post of Assistant Director (Physical Education), which was advertised by advertisement dated 1.8.2017 (Annex.25).
3. Succinctly put the controversy herein lies in a very narrow compass i.e. whether a guest faculty member has right to continue merely because the post, on which he was earlier working continues to be vacant, notwithstanding that the University is not in need of further services ?
4. Brief facts first, as pleaded. The petitioners had been working from 2009 onwa
Temporary appointments do not confer an indefeasible right to continue, but prior case law allows continuation until regular selections are made.
The main legal point established is that the petitioner was not legally appointed as a Guest Faculty in Yoga subject, based on the lack of evidence supporting the appointment claimed.
Point of Law : Respondents would not be entitled for filling up the posts of Guest Lecturer by replacing the Petitioners unless the Respondents come up with a stand that the services of the Petitione....
The main legal point established in the judgment is that unless there is a complaint against the petitioner's performance, the respondents are restrained from fresh recruitment of a Guest Lecturer fo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
