Rajasthan High Court - Jodhpur
Opjs University vs State Of Rajasthan on 1 November, 2018
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 16924/2018
OPJS University, Through Its Registrar Jitendra Yadav S/o Shri
Jile Singh Yadav, Aged 32 Years, Resident Of Keshav Nagar,
University Campus, Rawatsar Kunjala, Tehsil Rajgarh, District
Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Addl. Chief Secretary,
Higher Education, Rajasthan, Shiksha Sakul, Jawahar La
Nehru Marg, Jaipur.
2. Joint Secretary (Group-4), Higher Education, Rajasthan,
Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur.
3. Professor Anil Kothari, Coordinator Of The Inspection
Committee Constituted By Higher Education Department,
Presently Director, Faculty Of Management Studies,
Mohanlal Sukhadia University, Udaipur.
4. Professor R.b. Dube, Member Of The Inspection
Committee Constituted By The Higher Education
Department, Serving In Maharana Pratap Agriculture
University, Udaipur.
5. Professor B.l. Verma, Member Of The Inspection
Committee Constituted By Higher Education Department,
Serving In Department Of Business Administration,
Faculty Of Commerce, Mohanlal Sukhadia, University,
Udaipur.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 01/11/2018 By way of this writ petition, the petitioner University has approached this court for assailing the order Annex.9 dated 26.09.2018, whereby the State Government has constituted a (2 of 2) [CW-16924/2018] three member committee to make an enquiry into the affairs of the petitioner University in accordance with Section 44 (4) and (5) of the OPJS University, Churu Act, 2013.
Learned counsel Mr. Bijarnia submits that the enquiry committee be directed to adhere to the principles of natural justice and to provide opportunity of hearing and participation to the petitioner while conducting the enquiry.
Needless to say that as per Section 44 (4) of the Act of 2013, the enquiry committee has been vested with the provisions of CPC as well as CrPC and since, the recommendation of the enquiry committee would have the consequence of annulment of the University it has to be provided appropriate opportunity to defend itself in the enquiry. Thus, the writ petition is disposed of requiring the enquiry committee to provide opportunity participation and defence to the petitioner University in the enquiry proceedings within the framework of the statute.
With these observations and directions, the writ petition is disposed of.
(SANDEEP MEHTA),J Pramod/126 Powered by TCPDF (www.tcpdf.org)