Rajasthan High Court - Jodhpur
Yogesh Sharma vs State Of Rajasthan on 9 February, 2022
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Writ Petition No. 3946/2019
Yogesh Sharma & Anr.
----Petitioners
Versus
State of Rajasthan & Ors.
----Respondents
For Petitioner(s) : Mr. Kumbha Ram Saran
For Respondent(s) : Mr. K.K. Bissa
HON'BLE MS. JUSTICE REKHA BORANA
Order 09/02/2022 In pursuance to the directions issued vide order dated 19.01.2022, an additional affidavit has been filed today by the counsel for the respondent State. In the additional affidavit, it has been stated that out of the 06 candidates pointed out by the petitioner who had been accorded appointment, two were having qualifications post 2016-2017 and were therefore, eligible for appointment as the OPJS University, Churu was recognized during that period. It has further been stated in the affidavit that the other 04 candidates were found to have the degree issued by the OPJS University, Churu prior to 2016-2017 and therefore, were not eligible for appointment. In these circumstances, the concerned Zila Parishads have been directed to take action against the same and have been directed to remove those persons from service after adopting the required procedure.
It has been pointed out by the counsel for the petitioner that the averment of the respondents in the additional affidavit that OPJS University, Churu was not recognized prior to 2016-2017 is (Downloaded on 11/02/2022 at 08:43:36 PM) (2 of 2) [CW-3946/2019] totally wrong and he has relied upon the letter of recognition issued by the UGC and the list thereof which are part of the record. Specific pleadings also have been made to the effect in para No.3 of the writ petition and there has been no specific denial of the same in the reply by the respondents.
A bare perusal of the letter dated 08.02.2022 placed on record along with the additional affidavit shows that it has been concluded on the basis of the letter dated 03.12.2013 of the UGC that the OPJS University, Churu was not recognized prior to 2016- 2017. It has also been referred in the earlier communications of Department that the said conclusion has been arrived too by the Department on the basis of the circulars downloaded from the website of UGC.
The respondents are directed to place on record the letter dated 03.12.2013 of the UGC as mentioned in communication dated 08.02.2022 and the circulars of the UGC as downloaded from the website of UGC. The respondents are further directed to place the complete record of the present process taken up by the Department for verification of the fact as to how many candidates have been accorded appointment who were possessing the qualification obtained from the OPJS University, Churu issued prior to 2016-2017.
Two weeks' time is granted to the respondents to do needful. List the matter on 24.03.2022.
(REKHA BORANA),J 20-AnilKC/-
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