Judgment affirms the necessity of due process in employment, emphasizing that failure to provide a hearing before termination violates natural justice. UGC regulations' retrospective application protects the qualifications of long-serving educators.

ORDER :

ASHOK KUMAR JAIN, J.

1. Instant Writ Petition is preferred by writ petitioner under Article 226 of Constitution of India seeking quashing of the impugned order dated 24.05.2025 whereby the services of petitioner as Lecturer (Jyotish-Ganit) is terminated by respondents in violation of principles of natural justice and in complete violation of applicable statutory rules and regulations.

2. The petitioner has filed the writ petition with following prayer:-

(i) To quash and set aside the impugned termination order dated 24.052025 and the consequential relieving order dated 24.05.2025 issued by the respondents;

(ii) To direct the respondents to reinstate the Petitioner to his post as Lecturer Jyotish (Ganit), with all consequential benefits including continuity of service, arrears of salary, and all other service related dues;

3. Learned counsel for petitioner while placing reliance upon grounds of writ petition submitted that in pursuant to advertisement issued by RPSC for recruitment on post of Lecturer (Jyotish-Ganit), the petitioner was selected and ultimately appointed by order dated 22.10.2005 (Annexure-2) by the Directorate, Sanskrit Education, Rajasthan, Jaipur. He further submitted that as per advertisement, the educational qualification for selection as Lecturer is ‘Gr. II Aacharya degree’ in relevant subject. He further submitted that petitioner has fulfilled the criteria as per advertisement and there is no doubt that the petitioner was possessing requisite qualification as per advertisement. He further referred the stand taken by RPSC and the State Government in support of petitioner and submitted that neither State nor RPSC have raised any doubt about qualification of present petitioner.

4. Learned counsel for petitioner has further submitted that one Hansraj Sharma has challenged the appointment of present petitioner by filing a writ petition on the ground that present petitioner does not possess NET qualification and after considering the material on record original writ petition No. 5700/2005 was dismissed on 18.05.2011. He further submitted that said order was assailed by Hansraj Sharma before the Division Bench and on 24.08.2011, the order of learned Single Judge was set aside and matter was remitted back for fresh decision. He further submitted that thereafter the writ petition was allowed and in pursuant to said order dated 13.07.2012 Hansraj Sharma was appointed as a Lecturer (Jyotish- Ganit) in year 2015 but services of petitioner were continued.

5. Learned counsel has further referred and placed reliance upon a circular dated 11.11.2016 issued by University of Rajasthan (Annexure-11) and submitted that present petitioner has acquired and fulfilled the conditions specified in the UGC Regulations, 2000 as amended on 11.07.2016, prescribing minimum qualification for appointment of teachers (Assistant Professor). The UGC Regulation, 2000 provides for NET/SLET/SET qualification for recruitment and appointment as an Assistant Professor or equivalent position in university/Colleges and institutions. He further submitted that the petitioner was nominated in several orientation and refresher courses and in pursuant to nomination, participated in the orientation and refresher courses. He also submitted that the petitioner is possessing qualification as per advertisement and his selection and appointment iss in accordance with qualification as laid down in t