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2024 Supreme(Raj) 14

ARUN MONGA
Surendra S. Chouhan S/o Hanumant Singh Chouhan – Appellant
Versus
Mohan Lal Sukhadia University, Udaipur, Rajasthan Through Its Registrar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Nikhil Dungawat
For the Respondent: Mr. Hemant Balani

ORDER :

Petition herein has been filed with the following prayer clause :-

    “A) By an appropriate order or direction, the impugned order / correspondence dated 27.05.2023 (Annex.23) may kindly be quashed and set aside, and,

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

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