Rajasthan High Court - Jodhpur
Rajendra Kumar Nagda vs State Of Rajasthan & Ors on 19 June, 2017
Bench: Govind Mathur, Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 486 / 2017
Rajendra Kumar Nagda S/o Shri Shyamlal Nagda, Aged About 47
Years, R/o 16 Bahu Bali Colony, Dhulkot, Ganesh Nagar, Udaipur,
At Present Dean, College of Veterinary and Animal Science,
Naania, Vallabh Nagar, District Udaipur, Unit of Rajasthan
University of Veterinary and Animal Sciences, Bikaner.
----Appellant
Versus
1. The State of Rajasthan Through Principal Secretary,
Department of Animal Husbandary, Government of Rajasthan,
Secretariat, Jaipur.
2. The Rajasthan University of Veterinary and Animal Sciences,
Bikaner Through Its Registrar.
3. The Convenor, Search Committee for Appotiment of Vice
Chancellor of Rajasthan University of Veterinary and Animal
Sciences At U.P. Deendayal Upadhyay Pashu Chikitsa Vighyan
Vishvavidhalaya Evan Go Anusandhan Sansthan, Mathura-281001
(U.P.)
----Respondents
_____________________________________________________
For Appellant(s) : Mr. G.R. Punia, Senior Advocate, assisted by
Mr. Yashpal Khileree
For Respondent(s) : Mr. N.M. Lodha, Advocate General, with Mr.
V.D. Dadhich and Dr. Samir Shrimali
_____________________________________________________
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 19/06/2017 This appeal came up for orders on an application preferred under Article 226 (3) of the Constitution of India seeking vacation of ex parte interim order dated 07.06.2017. By the order aforesaid, the respondents are directed to proceed with the selection process, but not declare the result of the same.
(2 of 3) [SAW-486/2017] Suffice to mention that the issue in question is in relation to the appointment of Vice Chancellor of the Rajasthan University of Veterinary and Animal Sciences, Bikaner. The allegation of the appellant-petitioner is that the Search Committee constituted to appoint the Vice Chancellor is not in accordance with the provisions of Section 24 of the Rajasthan University of Veterinary and Animal Sciences Act, 2010 (for short, 'the Act of 2010') and further that the candidature of the petitioner has been ignored in contravention of the provisions of the Act of 2010.
Learned Single Bench dismissed the petition for writ by arriving at the conclusion that the petitioner does not have the requisite qualification for the post of Vice Chancellor and further that the condition No.2 of the advertisement inviting applications from the eligible persons to be appointed as Vice Chancellor of the University is in consonance with the Act of 2010.
It is stated on behalf of the respondents that consequence of the ex parte interim order dated 07.06.2017 is nothing but stoppage of the entire functioning of the University after expiry of the term of the present Vice Chancellor, that is going to be completed on 28.06.2017. It is further submitted that if the relief as claimed by the appellant in the appeal is granted at a subsequent stage, then it can be suitably compensated even if no interim order is granted, but the order of restrainment shall stall functioning of the University.
We have considered the arguments advanced. While passing an interim order or continuing that, the court is supposed to see the prima facie case, the balance of convenience and (3 of 3) [SAW-486/2017] irreparable injury that may be caused to the parties concerned. In the instant case, we are of the view that the balance of convenience is in favour of the University and further no irreparable loss is going to be caused to the appellant, if the interim order as prayed for be not granted, as his maximum right travels only to the extent of consideration for appointment as Vice Chancellor.
In entirety, we deem it appropriate to modify the order dated 07.06.2017 by keeping it open for the respondents to go ahead with the process of selection and further to appoint the Vice Chancellor of the respondent University, but the appointment, if made, that shall be subject to final decision of this appeal. The application preferred under Article 226 (3) is disposed of, accordingly.
Let the appeal be listed on 04.07.2017, the date already fixed in pursuance to the order dated 07.06.2017 passed by this court.
(DR. PUSHPENDRA SINGH BHATI) J. (GOVIND MATHUR) J. Pramod