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Rajasthan High Court - Jodhpur

Dr.Ravi Kant Sharma & Ors vs Maha.Pratap Uni.Of Agri.And Tech.& Ors on 21 December, 2012

Author: Govind Mathur

Bench: Govind Mathur

                                        -1-

               SB Civil Writ Petition No.1342/2006



               Dr. Ravi Kant Sharma & Ors.
                            v.
Maharana Pratap University of Agriculture and Technology,
                   Udaipur and others.



          Date of Order            ::          21st December, 2012


                HON'BLE MR.JUSTICE GOVIND MATHUR


Dr. P.S.Bhati, for the petitioners.
Mr. G.R.Punia Senior Advocate, assisted by
Mr. Rajesh Punia, for the respondents.
                            ....

By order dated 19.12.2012 this petition for writ was dismissed qua the petitioners except petitioner No.6 Shri Sanjay Kumar Sharma.

It is submitted by counsel for the petitioners that petitioner No.6 Shri Sanjay Kumar Sharma is working as Junior Research Fellow on adhoc basis in a project under control of the respondent university. The university is utilising his services from last number of years but instead of regularising him in service, is proceeding to make appointments by holding fresh process of selection under the advertisement dated 24.12.2005 and 13.11.2006. The apprehension of the petitioner is that on making regular selections the respondents shall terminate him from service.

From perusal of the facts averred in the writ petition, documents annexed thereto and also in reply to the writ petition, it reveals that appointment to the -2- petitioner was given in a project and that was co-terminus with the project itself. It is submitted by counsel for the respondents that the project in which the petitioner is working is yet in currency.

Having considered the same and looking to the fact that the petitioner is not pressing his prayer for regularisation in service with liberty to agitate the same by availing some appropriate independent remedy, I deem it appropriate to dispose of this petition for writ by directing the respondent university to continue the petitioner in service till currency of the project. It is further made clear that if the project in which he is presently working came to be concluded, then the case of the petitioner shall be considered on preferential basis for appointment in any other project in hand with the respondent university against a post for which the petitioner possess eligibility.

( GOVIND MATHUR ),J.

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