Rajasthan High Court - Jodhpur
Sunil Kumar Ojha vs Jai Narayan Vyas University Jod. And Anr on 16 January, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 1456/2016
Sunil Kumar Ojha S/o Lt. S. ari Lal Ji Ojha, aged about 42 years,
B/c Ojha, R/o Chand Baori, Navcokiya, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narayan Vyas University Jodhpur through it sVice
Chancellor at Central Office, Jodhpur.
2. Registrar, Jai Narain Vyas University, Jodpur.
----Respondent
Connected With
S.B. Civil Writ No. 1645/2017
1. Shrawan Kumar S/o Late Shri Pema Ram, B/c Sargara,
Presently Working As Class-Iv Employee In Jai Narayan
Vyas University, Jodhpur, Resident Of Plot No. 114, Jawahar
Colony, Near Sardar Club, District Jodhpur Rajasthan
2. Parmeshwar Singh S/o Shri Bodu Ram, B/c Matwa,
Presently Working As Chowkidar At Derashree Hospital, New
Campus, Jai Narayan Vyas University, Jodhpur.
3. Sujan Singh S/o Shri Chain Singh, B/c Rajput, Presently
Working As Driver/peon In Confidential Branch, Head Office,
Jai Narayan Vyas Universtiy, Jodhpur.
4. Deepak Kumar S/o Shri Pema Ram, B/c Presently Working
As Peon/chowkidar In Mining Wing, Mbm Engineering
College, Jai Narayan Vyas Universtiy, Jodhpur.
5. Rajendra Singh S/o Shri Takhat Singh, B/c Rajput, Presently
Working As Chowkidar In Building Cell Store, Jai Narayan
Vyas Universtiy, Jodhpur.
6. Rameshwar Das S/o Shri Mangi Lal, B/c Vaishnav, Presently
Working As Driver Cum Peon In Examination Section, Jai
Narayan Vyas Universtiy, Jodhpur.
7. Lal Singh S/o Shri Bodu Singh Singh, Presently Working As
Peon Cum Chowkidar In Vice Chancellor Bungalow, Jai
Narayan Vyas Universtiy, Jodhpur.
----Petitioners
Versus
1. Jai Narayan Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narayan Vyas University, Jodhpur, Head Office,
Residency Road, Jodhpur.
----Respondents
S.B. Civil Writ No. 1037/2018
Pramod Singh S/o Shri Ram Singh, By Caste Rawana Rajput, R/o
137, Ravala Kot, Jhalamand, Jodhpur Raj..
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 7126/2018
(2 of 13) [CW-1456/2016]
Mukesh Sharma S/o Shri Ram Swaroop Sharma, Resident Of
Village Nosar, Tehsil Osian, District Jodhpur- Presently Working
As Chowkidar In The Engineering Hostel No. 8, Jai Narayan Vyas
University, Jodhpur Rajasthan.
----Petitioner
Versus
1. Jai Narayan Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur, Head Offiice,
Residency Road, Jodhpur.
----Respondents
S.B. Civil Writ No. 14282/2018
Harikishan Bohra S/o Shri Vishwambhar Lal Bohra, Aged About
48 Years, By Category General, R/o 94- Gayatri Nagar, Behind
Latiyal Vatika, Pal Road, Jodhpur (Rajasthan).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 14284/2018
Sunil Kumar S/o Shri Gupa Ram Solanki, Aged About 31 Years,
By Category Obc, R/o 56, Balaji Nagar, Salawas Road, Sangariya,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 14288/2018
Dhan Raj S/o Shri Chandu Ram, Aged About 42 Years, By Caste
Harijan, 262, Nehru Colony, Paanch Batti Circle, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 14292/2018
Babu Lal S/o Shri Chunni Lal, Aged About 33 Years, By Caste
Saragara, 41/4, Marusthali Awas Colony, Engg. Hostel, Residency
Road, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 14298/2018
Alan Lawerence
(3 of 13) [CW-1456/2016]
----Petitioners
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 14304/2018
Arjun Ram S/o Shri Ghevar Ram, Aged About 30 Years, By Caste
Meghwal, House No. 118, Jagdamba Colony, Pratap Nagar,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 14335/2018
Anand Singh Gehlot S/o Shri Babu Lal Gehlot, Aged About 45
Years, By Category Obc, R/o Soorsagar Thane Ke Pass,
Chadnpole Road, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 14337/2018
Himmat Singh S/o Shri Ratan Singh, Aged About 28 Years, By
Category Obc, R/o D-94 Rameshwar Nagar, Basni 1St Phase,
Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 14339/2018
Hitendra Parihar S/o Thanchand Parihar, Aged About 29 Years,
By Category Sc, R/o 73, Jhawahar Colony, Opp. Polo Ground,
Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 15124/2018
Sajjan Singh S/o Shri Lakh Singh, Aged About 28 Years, By
Category General, Village Post Bastwa, Tehsil Balesar, District
Jodhpur, Rajasthan.
----Petitioner
Versus
(4 of 13) [CW-1456/2016]
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas Unviersity, Jodhpur.
----Respondents
S.B. Civil Writ No. 15137/2018
Dilip Solanki S/o Late Shri Hari Singh Solanki, Aged About 26
Years, B/c Obc, Gali No. 5, Ram Chowk , Jaloriyon Ka Bas Inside
Nagori Gate, Jodhpur (Raj.)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 15153/2018
Madan Singh S/o Shri Mohan Singh, Aged About 44 Years, By
Category Obc, R/o 130, Ghanchi Colony, New Pali Road, Bhagat
Ki Kothi, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 15156/2018
Sobhagmal Morya S/o Shri Suresh Chand, Aged About 47 Years,
By Category Sc, R/o 1101/21 Morya Bhawan, Peer Road, Diggi
Bazar, District Ajmer (Rajasthan).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 15160/2018
Ashok Sen S/o Shri Mangi Lal Sen, Aged About 27 Years, By
Category Obc, Plot No. 466, Vaishnav Colony, Gali No. 11, Balaji
Mandir Road, Chandna Bhakar, Jodhpur (Raj.)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 15203/2018
Praveen S/o Shri Mangilal, Aged About 30 Years, B/c Sc, Ch-27,
High Court Colony, Ratanada, Jodhpur. (Raj.)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
(5 of 13) [CW-1456/2016]
S.B. Civil Writ No. 17880/2018
Vishnu Kumar S/o Shri Bankelal Prajapat, Aged About 31 Years,
By Category Obc, Krashi Mandi Ke Pichem, Maderna Colony, Pipli
Chowk, Jodhpur (Raj.)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 17882/2018
Jai Kanwar W/o Shri Dharmendra Singh Panwar, Aged About 36
Years, By Category Obc, Plot No. 13, Gaj Kripa, Old Police Line,
Rai Ka Bag, Jodhpur (Rajasthan)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 17949/2018
Raj Kumari D/o Shri Jagdish Singh Deora, Aged About 47 Years,
By Category General, R/o Pachetia Hills, Navchowkia, Inside
Jalori Gate, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 17987/2018
Prem Singh S/o Late Shri Narayan Singh Daiya, Aged About 46
Years, By Castegory Obc, R/o Plot No. 46 Bhagwan Nagar, Near
Tagore School, Bjs, Jodhpur (Rajasthan).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 17989/2018
Rajendra Singh S/o Shri Ajeet Singh, Aged About 36 Years, By
Category General, R/o Makan No. 40, East Patel Nagar, Circuit
House Road, Ratanada, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 17990/2018
Vandana Chouhan S/o Shri Pukhraj Chouhan, Aged About 37
Years, By Category Sc, House No. 72 Jawahar Colony, Near
(6 of 13) [CW-1456/2016]
Sardar Club, Jodhpur (Rajasthan)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 17991/2018
Rajendra Bora S/o Shri Ram Krishna Bora, Aged About 54 Years,
By Category General, R/o Near Boharon Ki Pole, Khanda Phalsa,
Inside Jalori Gate, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18062/2018
Uma Gaur D/o Shri Mahaveer Prasad Sharma, Aged About 42
Years, By Category Genral, R/o Marudhreshwar Mahadev Mandir,
Cazri Main Gate, Iti Road, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18075/2018
Manoj Singh S/o Shri Mala Ram, Aged About 29 Years, By
Category Obc, Vpo Chitawa, Tehsil Kuchaman, District Nagaur
(Raj)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18078/2018
Vikram Gharu S/o Shri Hari Ram, Aged About 36 Years, B/c
Harijan, 257 , Nehru Colony, Paanch Batti Circle, Jodhpur (Raj)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 18082/2018
Murlidhar S/o Shri Rambux, Aged About 50 Years, B/c Harijan,
4/161, K K Colony, Basni Ist Phase, Jodhpur (Raj)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
(7 of 13) [CW-1456/2016]
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 18086/2018
Madan Lal S/o Shri Chandu Lal, Aged About 46 Years, B/c
Harijan, 262, Nehru Colony, Paanch Batti Circle, Jodhpur (Raj)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 18096/2018
Manish Pal Singh S/o Shri Rajendra Singh, Aged About 36 Years,
By Category Obc, R/o 66-A, Opposite Dhandi School, Jhalamand,
Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18097/2018
Nirmala D/o Late Shri Prabhu Singh, Aged About 50 Years, R/o
239, Nehru Colony, Panch Batti Road, Ratanada, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18098/2018
Ramesh Vaishnav S/o Shri Jagdish Prasad, Aged About 44 Years,
B/c Obc, Sunaro Ki Bagechi, Ratanada, Jodhpur (Raj)
----Petitioner
Versus
1. Jai Narain Vyas University, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18099/2018
Madan Lal S/o Shri Gulab Ram, Aged About 41 Years, By
Category Sc, R/o Plot No. 113, Jawahar Colony, Near Sardar
Club, Residency Road, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18100/2018
Prakash Prajapat S/o Shri Sohan Lal Prajapat, Aged About 39
(8 of 13) [CW-1456/2016]
Years, By Castegory Obc, Manak Chowk, Naya Bas, Ramdev Ji Ki
Gali, Near Chitra Cinema, Jodhpur, Rajasthan
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 18101/2018
Sapna Koli D/o Shri Naval Kishore, Aged About 35 Years, By
Caste Koli, R/o 355 Railway Quarters, Rpf Backside, Jodhpur
(Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18102/2018
Rajni W/o Yashpal Singh Shekhawat, Aged About 43 Years, Plot
No. Hudco Quarter, Sector, E-170, Kamla Nehru Nagar, Jodhpur
(Rajasthan)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 18103/2018
Kamlesh S/o Shri Aatma Ram, Aged About 37 Years, By Caste
Harijan, R/o 262, Nehru Colony, Paanch Batti Circle, Jodhpur
(Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 18104/2018
Vimla (Mrs.) D/o Shri Aatma Ram, Aged About 38 Years, By
Caste Harijan, 262, Nehru Colony, Paanch Batti Circle, Jodhpur
(Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur
----Respondents
S.B. Civil Writ No. 19052/2018
Vikas Parmar S/o Sh. Ramesh Chandra Parmar, Aged About 30
Years, By Caste Sargara, Resident Of Jagjeevan Ram Colony
Khetanadi, Mandore Road, Jodhpur (Raj.).
----Petitioner
(9 of 13) [CW-1456/2016]
Versus
1. Jai Narayan Vyas University, Jodhpur, Through Registrar.
2. The Registrar, Jai Narayan Vyas University, Jodhpur
3. The Dean, Faculty Of Arts, Jai Narayan Vyas University,
Jodhpur.
----Respondents
S.B. Civil Writ No. 19053/2018
Shanti Lal S/o Sh. Bhagwan Ram, Aged About 43 Years, By
Caste Sargara, Resident Of Jagjeevan Ram Colony Khetanadi,
Mandore Road, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narayan Vyas University, Jodhpur, Through Registrar.
2. The Registrar, Jai Narayan Vyas University, Jodhpur
3. The Dean, Faculty Of Arts, Jai Narayan Vyas University,
Jodhpur.
----Respondents
S.B. Civil Writ No. 52/2019
Vinod Kumar S/o Shri Desha Ram, Aged About 31 Years, At
Present L 213, B Railway Medical Colony, Old Loko, District
Jodhpur (Rajasthan).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 76/2019
Narpat Kumar S/o Late Shri Pema Ram, Aged About 42 Years,
R/o Jawahar Colony, Sardar Club, Ratanada, District Jodhpur
(Rajasthan).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 111/2019
Yogeshwar S/o Shri Om Prakash Chouhan, Aged About 46 Years,
Hathi Ka Odha, Ranawat Mandir Ke Samen, District Jodhpur
(Rajasthan)
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ No. 17983/2018
Sanjani W/o Shri Ratan Singh, Aged About 42 Years, By
(10 of 13) [CW-1456/2016]
Category Obc, R/o D-94, Rameshwar Nagar, Basni First Phase,
Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its
Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Harish Purohit.
Dr. Nikhil Dungawat.
Mr. SKM Vyas.
Mr. B.S. Sandhu.
For Respondent(s) : Mr. P.R. Singh.
Ms. Deepika Purohit.
Mr. Ashok Chhangani
Mr. Prakash Devasi for Mr. Mukesh
Rajpurohit
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 16/01/2019 It is submitted by learned counsel for the petitioners that the issues raised in the present writ petitions are squarely covered by judgment in Virendra Kumar Sharma v. Jai Narain Vyas University, Jodhpur & Anr.: S.B. Civil Writ Petition No.279/2017 & other connected matters, decided on 17.7.2018, wherein, similar petitions filed by the similarly situated candidates have been allowed by a Co-ordinate Bench of this Court.
In the case of Virendra Kumar Sharma (supra), this Court after referring to the judgments in Jitendra Kumar v. Jai Narain Vyas University, Jodhpur & Anr.: S.B. Civil Writ Petition No.8660/2011, decided on 13.12.2013, upheld in JNV University v. Jitendra Kumar : D.B. Civil Special Appeal No.354/2014, decided on 18.7.2014, against which, Special Leave Petition was dismissed by Hon'ble Supreme Court on 24.11.2014, Dr. Vikrant Sharma v. The Jai Narain Vyas University, Jodhpur: S.B. Civil Writ Petition No.375/2015, decided on 3.8.2016, upheld in The Jai (11 of 13) [CW-1456/2016] Narain Vyas University, Jodhpur v. Dr. Vikrant Sharma : D.B. Civil Special Appeal No.7/2017, decided on 21.2.2017 and Deepak Dave v. Jai Narain Vyas University, Jodhpur & Ors.: S.B. Civil Writ Petition No.13760/2015, decided on 13.12.2017 and after considering various objections raised by the respondents, has inter alia concluded and directed as under:-
"6. Counsel for the respondents have, however, failed to point out that how the judgment of Jitendra Kumar (supra) was distinguishable from the present case and also as to in what circumstances, the same relief has been given to Jitendra Kumar & others but not to the present petitioners. Counsel for the respondents have also not been able to refute that the judgment of this Court in the matter of Deepak Dave (supra) has been abided by the University and Mr.Deepak Dave has been regularised. Counsel for the respondents have also not been able to point out that why the distinction being drawn today, was not brought to the knowledge of this Court on the earlier occasion when the earlier judgments were being passed. Failure of the University to point out these facts on earlier occasions is also not justified by the counsel for the respondents. Furthermore, this Court finds that the Division Bench of this Court while deciding Jitendra Kumar's case (supra) had dealt with the fact that Jitendra Kumar was appointed through M/s. New Golliate Detectives, Jodhpur. There also, the University had advanced an argument that he was not entitled to regularisation in service of the University.
Furthermore, this Court notes that the State was not a party in any of the aforesaid cases.
7. Resultantly, all these writ petitions are allowed in terms of Jitendra Kumar's case (supra) and the respondents are directed to regularize the services of the petitioners and pass appropriate suitable orders awarding them consequential benefits within a period of three months from today."
(12 of 13) [CW-1456/2016] Further reliance has been placed on judgment of this Court in Sajjan Singh v. The Jai Narayan Vyas University, Jodhpur: S.B. Civil Writ Petition No.10752/2018, decided on 14.11.2018.
Learned counsel for the respondent - University submitted that in few matters, wherein, judgment in Jitendra Kumar (supra) has been followed, appeals are pending before the Division Bench, wherein directions issued by following the judgment in the case of Jitendra Kumar (supra), have been stayed. However, it is not denied that in several matters including the bunch in the case of Virendra Kumar Sharma (supra), appeals have not been filed so far.
In the overall fact situation, which has come on record indicates that on identical issues some orders passed by the Single Judge have been upheld by the Division Bench and even Special Leave Petition has been rejected by Hon'ble Supreme Court, the original judgment in the case of Jitendra Kumar (supra) has been followed in the case of Virendra Kumar Sharma (supra) and several other cases, wherein, appeals have so far not been filed and in some cases appeals have been filed and interim orders have been granted. There is apparently no reason to keep the present matters pending till disposal by the Division Bench, as prayed by counsel for the University, as there is likelihood of certain persons, who have been granted relief by the Court, for lack of filing appeals getting the relief, whereas, the present petitioners would not be in a position to the said relief as granted to all other persons. Further, the fate of the petitioners cannot be tied to the matters pending before Division Bench, to which they are not a party.
(13 of 13) [CW-1456/2016] If the University feels aggrieved by the present order, it can always challenge the same before the Division Bench, which would take appropriate view in all the matters together.
In view of the above, these writ petitions filed by the petitioners are also allowed with similar directions as given in the case of Virendra Kumar Sharma (supra), which reads as under:-
"7. Resultantly, all these writ petitions are allowed in terms of Jitendra Kumar's case (supra) and the respondents are directed to regularize the services of the petitioners and pass appropriate suitable orders awarding them consequential benefits within a period of three months from today."
(ARUN BHANSALI),J Sumit/-
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