Rajasthan High Court - Jaipur
State Of Raj And Ors vs Dr. Nitin Gupta & Ors on 1 August, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
(1) D.B. Special Appeal Writ No. 999 / 2017
1. State of Rajasthan Through Pr. Secretary, Higher Education,
Government of Rajasthan, Secretariat, Jaipur
2. Commissioner, College Education, Government of Rajasthan,
Shiksha Sankul, JLN Marg, Jaipur.
3. Principal, Government College, Kota.
----Appellants
Versus
1. Dr. Nitin Gupta Son of Shri Murli Manohar Gupta, Aged About
26 Years, Resident of Plot No. 110, Ambedkar Nagar, UIT Colony,
Kunhadi, Kota.
2. Smt. Talvinder Kaur Wife of Shri Baljinder Singh, Aged About 35
Years, R/o 236, Shastri Nagar, Dadabari, Kota.
3. Satish Sharma Son of Shri Purushottam Sharma, Aged About
31 Years, Resident of Behind Charbhuja Temple, Ladoliya Para,
Bundi
4. Monika Garg D/o Shri Chhail Bihari Garg, R/o C/o Suresh k
Manglam & Company, 186, Shopping Centre, Kota.
5. University Grants Commission Through Its Secretary, Bahadur
Shah Jafar Marg, New Delhi.
----Respondents
Connected With (2) D.B. Special Appeal Writ No. 1002 / 2017
1. State of Rajasthan Through Pr. Secretary, Higher Education, Government of Rajasthan, Secretariat, Jaipur.
2. Commissioner, College Education, Government of Rajasthan, "Shiksha Sankul" JLN Marg, Jaipur.
3. Principal, Government PG College, Baran.
----Appellants Versus
1. Nemichand Meena Son of Shri Babu Lal Meena, Aged About 30 Years, Resident of Village and Post Luhawad Tehsil Pipplda District Kota.
2. Ravindra Kumar Badal Son of Shri Mohan Lal, Aged About 39 (2 of 19) [ SAW-999/2017] Years, Resident of House No. Chha-13, Ambedkar Colony, Kunadi, Kota.
3. Dr. Himani Bhatia D/o Shri Laxmi Narayan Bhatia, Aged About 32 Years, R/o House No. 1-J-31, Talwandi, Kota.
4. Kedar Prasad Meena Son of Shri Heera Lal Meena, Aged About 40 Years, Resident of Village Kanloda Post Kalyanpura Tehsil Lalsot District Dausa.
5. Dr. Leenta Arora Wife of Dr. Arun Kumar Sharma, Aged About 44 Years, Resident of House No. A-2, Durga Nagar, Poonam Colony, Kota.
6. University Grants Commission Through Its Secretary, Bahadur Shah Jafar Marg, New Delhi.
----Respondents (3) D.B. Special Appeal Writ No. 1101 / 2017
1. State of Rajasthan Through Pr. Secretary, Higher Education, Government of Rajasthan, Secretariat, Jaipur
2. Commissioner, College Education, Government of Rajasthan, Shiksha Sankul, JLN Marg, Jaipur
3. Principal, Government College, Kota
----Appellants Versus
1. Smt. Bhavana Sharma D/o Shri B.K. Sharma, Aged About 39 Years, Resident of 828, Shastri Nagar, Dadabari, Kota.
2. Aparna Sharma D/o Shri Hariom Sharma, Aged About 33 Years, R/o House No. 21, Near Ramdham Ashram, Godavari Dham, Dadabari, Kota.
3. Dr. Kalpana Gupta D/o Shri Kailash Chand Gupta, Aged About 35 Years, Resident of A-9, Anand Vihar, Civil Lines, Jhalawar.
4. University Grants Commission Through Its Secretary, Bahadur Shah Jafar Marg, New Delhi
----Respondents (4) D.B. Special Appeal Writ No. 1102 / 2017
1. State of Rajasthan Through Pr. Secretary, Higher Education, Department of Education, Secretariat, Jaipur (Raj.) (3 of 19) [ SAW-999/2017]
2. Commissioner, College Education, Government of Rajasthan, Shiksha Sankul, JLN Marg, Jaipur (Raj.)
3. Principal, Government Birla College, Bhawani Mandi, Kota (Raj.)
4. Principal, Government J.D.B. Girls College, Kota (Raj.)
5. Principal, Government Girls College, Baran.
6. Principal, Government College, Baran.
----Appellants Versus
1. Uttam Kumar S/o Manak Chand Suman, Aged About 30 Years, Resident of Gulistan Juice Centre, Opposite Sun Flower Restaurant, Station Road, Kota Junction, Kota (Raj.)
2. Shikha Sharma D/o Dinesh Chand Sharma, Aged About 30 Years, Resident of C/o Gulistan Juice Centre, Station Road, Kota Junction, Kota - 324002
3. Mohd. Afzal S/o Mustaq Ahmed, Aged About 34 Years, Resident of Badi Udai, Tehsil Gangapurcity, District Sawai Madhopur (Raj.)
4. Dr. Mamta Choudhary W/o Anurang Choudhary, Aged About 36 Years, Resident of Flat No. 102, Nanak Apartment, Arya Samaj Road, Kota Junction, Kota (Raj.)
5. Sitaram Bairwa S/o Shri Daya Chand, Lecturer - Zoology, Government P.G. College, Aged About 37 Years, Baran (Raj.)
6. University Grants Commission, Through Its Secretary, Bahadur Shah Jafar Marg, New Delhi
----Respondents (5) D.B. Special Appeal Writ No. 1001 / 2017
1. State of Rajasthan Through Principal Secretary, Department of Higher Education, Government Secretariat, Jaipur.
2. Commissioner, College Education, Shiksha Sankul, JLN Marg, Jaipur.
3. Principal, Secretary, Department of Finance, Government of Rajasthan, Secretariat, Jaipur.
4. Principal, Govt. College, Todabhim, Karauli.
5. Principal, Govt. College, Nadoti, Karauli.
(4 of 19) [ SAW-999/2017]
6. Principal, Govt. College, Dungarpur.
7. Principal, Govt. College, Dholpur.
8. Principal, Govt. College, Deedwana, Nagaur.
9. Principal, Govt. College, Neem Ka Thana, Sikar.
10. Principal, Govt. Girls College, Bayana, Bharatpur.
11. Principal, Govt. College, Kota.
12. Principal, Govt. College, Ajmer.
13. Principal, Govt. College, Chittorgarh.
14. Principal, Govt. College, Shahpura, Bhilwara.
15. Principal, Govt. College, Bikaner.
16. Principal, Govt. College, Banswara.
17. Principal, Govt. College, Rajsamand.
18. Principal, Govt. College, Sriganganagar.
19. Principal, Govt. Girls College, Bikaner.
20. Principal, Govt. College, Jaisalmer.
21. Principal, Govt. College, Bhim, Rajasmand.
22. Principal, Govt. College, Jalore.
23. Principal, Govt. Girls College, Sirohi.
24. Principal, Govt. College, Baran.
25. Principal, Govt. College, Nathwara.
----Appellants Versus
1. Dr. Suresh K. Verma & Ors. S/o Shri Ram Verma, Aged About 41 Years, Resident of 1320, Barkat Nagar, Tonk Phatak, Jaipur
2. Ashok Kumar Meena S/o Shri Ram Swaroop Meena, Aged About 38 Years, R/o 92, Bhagwati Nagar-II, Kartarpura, Jaipur.
3. Parmeshwar Garg S/o Shri Anandi Lal Garg, Aged About 32 Years, R/o Village & Post- Chhinch, Distt. Banswara.
(5 of 19) [ SAW-999/2017]
4. Rajkumar Vanawat S/o Shri Satis Chandra Vanawat, Aged About 33 Years, R/o Sadar Bazar, Khewada, Udaipur.
5. Mahendra Sharma S/o Shri Jagdish Lal Sharma, Aged About 31 Years, R/o Village & Post- Ateva, Via- Keladevi Distt. Karauli, Raj.
6. Dr. Alpana Vyas D/o B.D. Purohit, Aged About 33 Years, R/o C/o P.C. Vyas, 6-C-19, Pawan Puri, South Ext. Bikaner.
7. Ram Prasad S/o Shri Hari Ram, by Caste- Meena, Aged About 38 Years, R/o Village and Post Mahawa, Tehsil Neema Ka Thana, District Sikar.
8. Shiv Lal Bairwa S/o Shri Unkarya, Aged About 37 Years, R/o Village Bairunda, Post Khidarpur, Tehsil- Sapotra, District Karauli.
9. Rahul Kumar Meena S/o Shri Mool Chand Meena, Aged About 32 Years, R/o Village Post-Sewa, Tehsil Gangapur City, District Sawai Madhopur.
10. Radha Krishan Meena S/o Ram Swaroop Meena, Aged About 42 Years, R/o Village- Manya Ka Bas, Tehsil- Kathumar, District- alwar.
11. Ram Raj Meena S/o Shri Lal Meena, Aged About 36 Years, R/o Sujanpura, Post Sharakar, Tehsil- Todabhim, District Karauli.
12. Richa Bhardwaj D/o Shri Brijmohan Sharma, Aged About 41 Years, R/o 67, Road J, Bhopalpur, Udaipur
13. Neha Jain D/o Shri Padam Chand Godha, Aged About 31 Years, R/o House No. 48, Van Vihar Colony, Vaishali Nagar, Ajmer
14. Atul Kumar Joshi S/o Shri Ashok Kumar Joshi, Aged About 30 Years, R/o Surya Villa, in Front of RSEB, Shastri Nagar, Mandalgarh, Bhilwara.
15. Reeta Rani Raheja W/o Vikash Raheja, Aged About 30 Years, R/o 88, Setia Colony, Gali No. 10, Sriganganagar.
16. Asha Pandey D/o Mahesh Chand Pandey, Aged About 34 Years, R/o Plot No. 103/4, Lakhan Kokhri, Suraj Ram Ka Chowk, Ajmer.
17. Ritu Chunwal D/o Shri Amar Chand, Aged About 33 Years, R/o 419/30, Pratap Nagar, Meyo Link Road, Ajmer.
18. Vishal Tiwari S/o Shri Satyedra Kumar Tiwari, Aged About 31 Years, R/o 279/39, Tiwari Bhawan, Near Mount Merry School, Ashok Nagar, Subhash Nagar, Ajmer.
(6 of 19) [ SAW-999/2017]
19. Smt. Amita Saraswat W/o Shri Ritesh Saraswat, Aged About 31 Years, R/o C-568, Azad Nagar, Bhilwara.
20. Rajveer Singh Meena S/o Shri Mangturam Meena, Aged About 32 Years, R/o Village and Post Garu, Tehsil Kathumar, Dist. Alwar.
21. Shikha Gautam D/o Ram Dutt Sharma, Aged About 29 Years, R/o Bramano Ki Hathai, Tiwaripada, Bundi.
22. Sharmila Chhallani D/o Bhanwar Lal Challani, Aged About 31 Years, R/o Anchliyo Ka Mohalla, Deshnoke, Bikaner.
23. Sandeep Kumawat S/o Shri Dhannalal Kumawat, Aged About 29 Years, R/o 7, Dev Sadan, Ambeshwari Nagar, Nagar Palika Colony, Chittorgarh.
24. Ghata Vyas D/o Deepen Vyas, Aged About 35 Years, R/o 135, Patrakar Colony, Dungarpur.
25. Govind Ram Jat S/o Shri Ramlal Jat, Aged About 33 Years, R/o R.L. 42, Police Line, Ajmer.
26. Narendra Kumar Pitaliya S/o Shri Manohar Lal Patiliya, Aged About 29 Years, R/o Village and Post-Kuthwas, Via-Bhindar, Tehsil- Vallabhnagar, Distt. Udaipur.
27. Praveena Rawat D/o Shri Devilal Rawat, Aged About 33 Years, R/o K-74, Sajjan Nagar, Udaipur.
28. Shushma Chaubisa D/o Shri Chandreshwar Sharma, Aged About 49 Years, R/o J-27, Govardhan Vilas, Udaipur.
29. Dr. Meenakshi Bohra W/o Mukesh Kumar Sharma, Aged About 40 Years, R/o Rajshree Colony, Road No. 3, Near Bohra Ganesh Mandir, Udaipur.
30. Asif Hussain S/o Shri Mohammed Shabbier, Aged About 30 Years, R/o Behind Talkies, Choti Sadri, Pratapgarh, Rajasthan.
31. Sonal Patel W/o Shri Ramesh Chand Patel, Aged About 33 Years, R/o Village-Mahida, Post-Naya Gaon, Tehsil-Kherwada, Dist.
- Udaipur.
32. Kamini Rariya D/o Shri Ramswaroop Rariya, Aged About 33 Years, R/o House No. 396/32, Jawahar Jadugar Colony, Ajmer.
33. Marium Bano D/o Shri Maludeen Chungar, Aged About 31 Years, R/o Saroj General Store, High School Road, Sri Dungargarh, District Bikaner.
34. Kamal Trivedi S/o Shri Mahesh Behari Trivedi, Aged About 28 (7 of 19) [ SAW-999/2017] Years, R/o "Snehneed" Dhundhla Via Sojat Road, Pali.
35. Preeti Saxena D/o Shri Chandra Prakash Nag, Aged About 49 Years, R/o 2B/69, Jai Narayan Vyas Colony, District Bikaner.
36. Veena Purohit W/o Dr. Sridhar Narayan Purohit, Aged About 39 Years, R/o Inside Idgah Badi, Dharam Nagar Dwar, Naya Sahar, Bikaner.
37. Jyoti Saxena W/o Ajay Saxena, Aged About 40 Years, R/o Infront of Sardul Sport School, Behind- Bidasar House, New Gajner Road, Bikaner.
38. Mahendra Singh Meena S/o Ram Hans Meena, Aged About 32 Years, R/o Plot No. 117, Shiv Gorkshnagar, Model Town-C, Malviya Nagar, Jaipur.
39. Dr. Mahendra Kumar Sharma S/o Shri Rambabu Sharma, Aged About 38 Years, R/o Near Kushwah Dharmshala, D.B.N. Path Krishnai Colony, Bari, District- Dholpur.
40. Dinesh Charan S/o Shri Karni Dan Charan, Aged About 33 Years, R/o Jaliwala Khurd, Post Nanam, Via Pipad City District- Jodhpur.
41. Dr. Alok Jain S/o Shri Ramesh Chand Jain, Aged About 39 Years, R/o Pragati Nagar, Gali No. 4, College Road Banswara.
42. Santosh Gomtiwal D/o Shri Magan Lal Ji, Aged About 36 Years, R/o 7/4, P&T Colony Shastri Nagar, Jodhpur.
43. Rakesh Verma S/o Shri Lalluram Verma, Aged About 32 Years, R/o 1/102, Housing Board, Dausa.
44. Rakhi Methi D/o M.C. Methi, Aged About 29 Years, R/o H.No. 45 New Kamla Udyan, Bundi Road, Kota.
45. Rachana Mithi D/o M.C. Methi, Aged About 29 Years, R/o H.No. 45, New Kamla Udyan, Bundi Road, Kota.
46. Basant Lal Bamaniya S/o Jhalama Ji Bamaniya, Aged About 39 Years, R/o Village- Hindoliya, Tehsil-Sagwara, Dungarpur.
47. Sridha Beli D/o Devendra Kumar Beli, Aged About 30 Years, R/o Beli Bhawan, Naya Bazar, Shahpura, Dist. Bhilwara.
48. Manjul Mayank Dixit S/o Gopinath Sharma, Aged About 31 Years, R/o Dhanwantari Nagar, Nahar Road, Gangapur City, District- Sawaimadhopur.
49. Dr. Vinod Sharma S/o Rameshwar Lal Sharma, Aged About 36 Years, R/o Rampatti Abhay Public School, Indira Colony, Karauli.
(8 of 19) [ SAW-999/2017]
50. Suresh Joshi S/o Tej Shankar Joshi, Aged About 27 Years, R/o Behind Kothari Talkies, V&P- Kanod, Tehsil- Vallabhnagar, Udaipur.
51. Niti Bhatt D/o Rajendra Bhatt, Aged About 27 Years, R/o Opposite Audichyawara School, Sinjwaw, Banswara.
52. Dinesh Parmar S/o Shri Dalji Parmar, Aged About 25 Years, R/o V&P- Khodan, Tehsil- Garhi, Distt. Banswara.
53. Yogesh Sharma S/o Premchand Sharma, Aged About 30 Years, R/o VPO- Thalarka, Tehsil- Nohar, Hanumangarh.
54. Kishana Ram Gurjar S/o Shri Pema Ram Gurjar, Aged About 42 Years, R/o Village and Post Balunda, Tehsil Jaitaran, Dist. - Pali (Raj.)
55. Snehlata Choudhary D/o Shri Bhagwana Ram Choudhary, Aged About 33 Years, R/o Behind Haryana House, Pawanpuri, Bikaner.
56. Chhotelal Balai S/o Shri Nahaya Ram Balai, Aged About 30 Years, R/o Village and Post Bijwar Naruka, Tehsil and District - Alwar.
57. Bhanwar Lal Solanki S/o Loona Ram, Aged About 29 Years, R/o V&P Bajju Tejpura, Tehsil Kolayat, District Bikaner.
58. Yogendra Singh Sankhala S/o Shri Indra Singh Sankhala, Aged About 34 Years, R/o 239, Bapu Nagar Vistar Pali.
59. Madhu Sharma D/o Chandan Lal Sharma, Aged About 33 Years, R/o 260, Adarsh Colony, Kherli Phatak, Kota.
60. Vishal Kantia S/o Vinod Kumar Kantia, Aged About 33 Years, R/o Plot No. C-14, Patel Nagar, Deoli, Tonk.
61. Jai Prakash Verma S/o Shri Ramniwas Verma, Aged About 27 Years, R/o Village & Post Ghar, Tehsil Deoli, Tonk.
62. Rajendra Kumar Bhil S/o Kalulal Bhil, Aged About 34 Years, R/o Village- Katvi, Post- Kanpur- Katarvas, The- Kherwara, Dist. Udaipur.
63. Sheilly Sharma D/o of Shri Prem Kumar Sharma, Aged About 30 Years, R/o 320, Krishan Nagar, Bharatpur.
64. University Grants Commission Through Its Secretary, Bahadur Shah Jafar Marg, New Delhi
----Respondents (9 of 19) [ SAW-999/2017] (6) D.B. Civil Special Appeal(W) No.1003/2017
1. State of Rajasthan through Principal Secretary, Department of Higher Education, Government Secretariat, Jaipur.
2. Commissioner, College Education, Shiksha Sankul, JLN Marg, Jaipur.
3. Principal, Secretary, Department of Finance, Government of Rajasthan, Secretariat, Jaipur.
Respondent-Appellants.
Versus
1. Pankaj Kumar Mishra s/o Girdhari Lal Mishra, Aged about-39 Years, R/o Mishra Gali, Purana Sahar, Dholpur.
2. Shikha Mathur D/o Shri Bhairu Narain Mathur, Aged about 32 Years, r/o A-368, Panchsheel Colony, Makarwali Road, Ajmer.
3. Dr. Malika Bohara d/o Shri Fakruddin Bohra, R/o C/o Mahesh Photo Studio, Super Marker, Dungarpur (Raj.)
4. Dr. Seema Shakuni W/o Sh. Dhananjaya, Aged about-38 years, R/o C-119, Shastri Nagar Colony, Dungarpur.
5. Shika Agarwal D/o N. K. Lohiya, aged about 32 years, R/o H. No 228, Sector-4, Gandhi Nagar, Chittorgarh.
6. Dr. Rekha Sharma D/o Shri Bal Shastri Sharma, Aged about 28 years, R/o Plot No. 39, Raghunathpur, Sainik Marg, Kalwar Road, Jhotwara, Jaipur.
7. Smt. Manji Sharma W/o Shri Arvind Dixit, Aged about 41 years, R/o Shiv Colony, Near Khandelwal Dharamshala, Jaipur Road, Gangapur City, Distt. Sawaimadhopur.
8. Praveen Sharma S/o Shri H. L. Sharma, aged about 30 years, R/o Rampatti Abhay Public School, Indira Colony, Karauli.
9. Sachin Dixit s/o Hariom Dixit, aged about 30 years, R/o 44, Basant Vihar, Govardhan Vilas, Udaipur.
10. Mukta Ojha d/o Meghraj Ojha, aged about 31 years, R/o Purani Abadi, Ward No. 15, Near Dayanand Park, Sriganganagar.
11. Sushila Godara D/o Motiram Godara, aged about 30 years, R/o H. No. 164, Sec. No. 6, Hanumangarh Junction, Rajasthan.
12. Dr. Vishnu Prakash Joshi S/o Devi Lal Joshi, Aged about 35 years, R/o Village-Brahmino Ka Guda, Post-Sapatia, Udaipur.
13. Prasuram Dangi S/o Shri Rodilal Dangi, aged about 34 years, R/o V&P-Amirama, Tehsil-Badisadri, Chittorgarh.
14. Rajendra Kumar S/o Shri Laxmi Chand, Aged about 31 years, R/o Plot No. 13, Om Colony, Ward No. 21, Behind Arya Shiksham Sansthan, Churu.
(10 of 19) [ SAW-999/2017]
15. Sunil Kumar S/o Tara Chand, aged about 32 years, r/o Bhairu Ghat, Balwaton Ka Bas. Pali.
16. University Grants Commission through its secretary, Bahadur Shah Jafar Marg, New Delhi.
Proforma-Respondent (7) D.B. Civil Special Appeal (Writ) No.1004/2017
1. State of Rajasthan through Pr. Secretary, Higher Education, Government of Rajasthan, Secretariat, Jaipur.
2. Commissioner, College Education, Government of Rajasthan, "Shiksha Sankul", JLN Marg, Jaipur.
3. Principal, Government PG College, Bundi.
Respondent-Appellants Versus
1. Dharmveer Meena aged about 31 years son of Shri Babulal Meena, resident of village and post Teerath Tehsil and District Bundi.
Petitioner-Respondent
2. University Grants Commission through its Secretary, Bahadur Shah Jafar Marg, New Delhi.
Proforma-Respondent (8) D.B. Civil Special Appeal (Writ) No.1005/2017
1. State of Rajasthan through the Principal Secretary, Department of Higher Education, Govt. of Rajasthan, Secretariat, Jaipur.
2. Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.L.N. Marg, Jaipur.
3. Principal, Secretary, Department of Finance, Govt. of Rajasthan, Secretariat, Jaipur.
4. Principal, S.B.P. Govt. College, Dungarpur.
Respondent-Appellants Versus
1. Dr. Shrinivas Mahavar S/o Shri Shishu Pal Singh, aged about 40 years, R/o 1252, Adarsh Nagar, Hiran Magri, Sector-4, Udaipur (Raj.)
2. Vineet Baleshwar S/o Shri Ramesh Chandra, about 30 years, R/o Ravindra Nath Tagore Colony, Dungarpur (Raj.) (11 of 19) [ SAW-999/2017]
3. Dharmendra Kumar Verma S/o Shri Ramgopal Verma, aged about 31 years, R/o Vill. & Post Goverdhanpura, Teh. Rajgarh, District Alwar.
All are working as Lecturer in S.B.P. Govt. College Dungarpur (Raj.)
4. University Grant Commission, through it's Secretary, Bahadur Shah Jafar Marg, New Delhi.
Proforma-Respondent (9) D.B. Civil Special Appeal(W) No.1011/2017
1. State of Rajasthan through Pr. Secretary, Higher Education, Government of Rajasthan, Secretariat, Jaipur.
2. Commissioner, College Education, Government of Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur.
3. Principal, Secretary, Department of Finance, Govt. of Rajasthan, Secretariat, Jaipur.
4. Principal, Govt. J.D.B. Girls College, Kota.
5. Principal, Government P.G. College, Jhalawra.
6. Principal, Government P.G. College, Bundi.
7. Principal, Government Girl College, Bundi.
8. Principal, M.P. Govt. P.G. College, Chittorgarh
9. Principal, M.B.R. Govt. P.G. College, Balotra
10.Principal, Govt. P.G. College, Balotra `` 11. Principal, Govt. College, Kelwara Dist. Baran
12. Principal, Govt. P.G. College,Jalore
13. Principal, Govt. College, Mertacity
14. Principal, S.P.M. Govt. College, Bhopal Garh. District Jodhpur.
15. Principal, Govt. P.G. College, Bhinmal
16. Principal, Govt. P.G. College, Barmer Respondent-Appellants.
Versus
1. Dr. Saroj Meena W/o Dr. Ramdayal, aged about 38 years, R/o 664, Mahaveer Nagar-II,Kota.
2. Shiksha Gautam D/o Ram Dutt Sharma aged about 29 years, R/o Brarnano Ki Hathai, Tiwaripada, Bundi.
3. Dr. Tripti Namdev D/o Radha Vallabh Chipa, aged about 33 years, R/o Manglam Furniture Panchmukhi Balji Road, Jhalawar (Raj.) (12 of 19) [ SAW-999/2017]
4. Neha Paliwali D/o Shyam Kumar Paliwal aged about 31 Years, R/o A-23, Opp. Kunhadi Police Station, Subhash Nagar, Kunhadi-Kota
5. Vandana Sharma W/o Sanjay Sharma aged about 40 Years, R/o 491, Dadabadi, Kota.
6. Amita Mali d/o Dr. Nathu Ram Mali aged about 33 years, R/o Lalawati Regidensi, 703 Mahaveer Nagar-II, Kota.
7. Shikha Agarwal d/o N.K. Lohiya c/o Abhishek Agarwal, 228/4, Gandhi Nagar, Chittorgarh-312001.
8. Banwari Lal Bhamni S/o Gopi Lal aged about R/o V/P Bhation Ka Bamaniya, Tehsil-Kapasan, District. Chittoragarh.
9. Farsa Ram S/o Gullaram aged about 39 years, R/o V/p Sarana, Balotra, Dist. Barmer
10. Dr. Santosh Gomitwal D/o Mangal Lal aged about 33 years, R/o 7/4, Near Community Hall, P&T Colony, Shastri Nagar, Jodhpur.
11. Dr. Chandan Prakash S/o Kirta Ram, aged about 40 years, R/o V/p Rawar, Tehsil Bilara, Dist. Jodhpur.
12. Dr. Jetharam S/o Gularam aged about 36 years, R/o 320, Durga Das Colony, Masutia, Jodhpur.
13. Dr. Arjun Lal Yadav S/o Foosaram Yadav aged about 39 years, R/o Village-Mehtabgarh, (Baba Ki Nimbari), Post- Dheerpura, Tehsil Baleser, Jodhpur.
14. Dr. Ompuri Swami S/o Basant Puri Swami, aged about 38 years, R/o V/P Narta Tehsil Bhinmal, Dist. Jalore.
15. Dr. Rajeev Chouhan S/o Sangat Singh aged about 37 years, R/o Kalyanpur Marg No. 04, Barmer.
16. Sunita Rathore d/o Shri Giridhari Singh Rathore, aged about 33 years, R/o P.S Rajawat, D.C.M, I.G. Nagar, Kota.
17.Dr. Ruchi Kulshrestha W/o Shri Vikas Kulshrestha aged about 34 years, R/o 16, Civil Lines, Om Kripa, Near Mama Bhanja Choraha, Jhalawar.
(13 of 19) [ SAW-999/2017]
18.Dr. Rekha Vishwakarma D/o Shri Ghanshyam aged about 31 years, R/o Vishwakaram Store Industries, Bazar No.3 Ramganj Mandi, Kota.
19.Dharmendra Kumar S/o Brij Mohan aged about 34 years, R/o Shiv Nagar Modak Village, Tehsil Ramganj Mandi Kota.
20.University Grants Commission, through its Secretary, Bahadur Shah Jafar Marg, New Delhi.
Respondent-Appellants _____________________________________________________ For Appellant(s) :Mr. Rajendra Prasad, Additional Advocate General assisted by Mr. S.P. Singh & Mr. Ashish Sharma For Respondent(s) : Mr. Virendra Lodha, Senior Counsel assisted by Mr. Gaurav Sharma, Mr. Mahendra Shah with Mr. Sunil K. Jain Mr. Pradeep Singh _____________________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Judgment 01/08/2017 In D.B. Civil Misc. Application No.498/2017 in SAW No.1002/2017 & D.B. Civil Misc. Application No.508/2017 in SAW No.1001/2017:
1. For the reasons mentioned in the applications, delay in filing the appeals is condoned. The applications are allowed.
In DBSAW Nos.999/2017, 1002/2017, 1101/2017, 1102/2017, 1001/2017, 1003/2017, 1004/2017, 1005/2017 & 1011/2017:
1. Heard learned counsel for the parties at the stage of admission.
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2. As noted by the learned Single Judge, the respondents in the writ-appeals were in the second round of litigation.
3. In the earlier round of litigation, a direction was issued to the appellants to consider the claim of the respondents and pass a reasoned order, which appellants did on August 8, 2013.
Said order was challenged in a batch of writ petitions before the learned Single Judge which have been disposed of vide impugned order dated October 4, 2016.
4. The first issue decided by the learned Single Judge concerns emoluments/salary to be paid to the respondents who were appointed as Lecturers on contract basis.
5. University Grants Commission Regulations, 2010, on the subject of teachers to be appointed on contract in colleges, has Regulation 13.1, which reads as under:-
"13.1 - The teachers should be appointed on contract basis only when it is absolutely necessary and when the student-teacher ratio does not satisfy the laid down norms. In any 23 case, the number of such appointments should not exceed 10% of the total number of faculty positions in a College/ University. The qualifications and selection procedure for appointing them should be the same as those applicable to a regularly appointed teacher. The fixed emoluments paid to such contract teachers should not be less than the monthly gross salary of a regularly appointed Assistant Professor. Such appointments should not be made initially for more than one academic session, and the performance of any such entrant teacher should be reviewed for academic performance before reappointing her/ him on contract basis for another session."
6. Whereas before the learned Single Judge the respondents argued that the mandate of the Regulation requires (15 of 19) [ SAW-999/2017] fixed emoluments to be paid to contract teachers not less than the monthly gross salary of a regularly appointed Assistant Professor and thus it was prayed that the salary payable to the respondents should be the one which regularly appointed Assistant Professors get at the minimum of the pay scale with such emoluments as are paid to Assistant Professors.
7. The response of the appellants was that the Regulation has to be read as a whole. Entitlement to emoluments conceived by the Regulations had to be for those who were appointed post selection process followed as applicable to regularly appointed teachers.
8. The view taken by the learned Single Judge is that if the appellants flouted the selection process, they must suffer the consequence thereof and that could not be the reason to deny the benefit to the contract appointed teachers of fixed emoluments as conceived by the Regulations.
9. We concur with the view taken by the learned Single Judge for the reason nobody can be permitted to take advantage of one's own wrong.
10. The purpose of the Regulation is obviously to ensure a decent wage paid to a teacher in a college even if the teacher is appointed on contract basis.
11. It is trite that a person must get a decent wage for work done, commensurate with the qualifications and the work to be performed, for this would be in the interest of not only the institution but even the recipients of the service, which in the (16 of 19) [ SAW-999/2017] instant case would be students.
12. We find no infirmity in the view taken by the learned Single Judge as regards the issue of payment of wages.
13. The second issue on which the parties debated before the learned Single Judge was the entitlement of contract appointed teachers to the benefit of leave.
14. The learned Single Judge has noted Appendix II of the Rajasthan Service Rules, 1951. The Appendix reads as under:-
"APPENDIX II Leave terms for Officers engaged on Contract The Government servants engaged on contract in connection with the affairs of the Government shall be governed by the Leave Rules for the time being in force subject to the following provisions and to the special provisions, if any, in the contract.
(1) Where the contract is for a period not exceeding five years the said Rules shall apply to the officers as to an officer not in permanent or quasi-permanent employ:
Provided that no half-pay leave shall be admissible to such an officer otherwise than on medical certificate:
Provided further that no extraordinary leave shall be admissible to such an officer if the contract is for one year or less, and if the contract is for more than one year but not more than five years the total amount of extraordinary leave admissible during the entire period of the contract shall be limited to three months:
Provided further that if the contract is for a year or less, no leave shall be granted beyond the date of expiry of the contract even if the officer has been denied in whole or in part on account of the exigencies of the public service, leave which was due to him during the period of the contract.
(17 of 19) [ SAW-999/2017] (2) Where the contract is for a longer term than five years and where an original 26 contract for five years or less is extended so as to make the total period of contract longer than five years, the said Rules shall apply to the officer as to an officer in permanent employ.
Provided that no half-pay leave shall be admissible to such an officer otherwise than on medical certificate:
Provided further that in the matter of extraordinary leave the said Rules shall apply to such officer as to an officer not in permanent or quasi-permanent employ.
Note In the case of extension of a contract for a period longer than five years the officer will be credited with the privilege leave that would have been admissible had the contract been initially one or more than five years diminished by any privilege leave already taken.
(3) Where the contract is for an indefinite period or an original contract for a definite period is extended for an indefinite period, the said Rules shall apply to the officer as to an officer in permanent employ.
Note In the case of extension of a contract for an indefinite period, the officer will be credited with privilege leave that would have been admissible had the contract been initially one for an indefinite period diminished by any privilege leave already taken.
(4) (i) An officer on privilege leave or on commuted leave will be entitled to leave salary equal to his average pay subject to a maximum of Rs. 1500/- per mensem in the case of commuted leave.
(ii) An officer on leave on half pay or on leave not due is entitled to leave salary equal to half his average pay, subject in either case to a maximum of Rs. 750/- p.m. Note : "Average pay" means the average monthly pay earned during the 12 complete 27 months preceding the month in which the event occurs which necessitates the calculation of average pay.
(18 of 19) [ SAW-999/2017] (5) An officer initially engaged on Contract on his being taken into permanent employ will be credited with privilege leave that would have been admissible had his previous duty been duty as an officer in permanent employ diminished by any privilege leave already taken.
(6) Unless it is indicated in the contract to which class of service the officer belongs, the Government, or such person as may be authorized by it in that behalf shall declare to which class of service the officer belongs for the purpose of Leave Rules."
15. The learned Single Judge has thereafter reasoned that the provision quoted above shows that the Government servant engaged on contract in relation to the affairs of the Government would be governed by the Rules.
16. The reasoning is correct for the reason the Rule and in particular the Appendix itself so contemplates.
17. The learned Single Judge has thereafter noted para 2(ii)(a) of Part I of the Rajasthan Service Rules, 1951, as per which the denial of benefit ought to have been specifically provided in the contract of appointment if the said benefit had to be denied. The view taken by the learned Single Judge flows from the language of the Rule itself and thus the reasoning and the conclusion is correct.
18. It is not in dispute that as per the contract entered into, there is no clause of exclusion. Therefore on the second aspect of the matter, the decision by the learned Single Judge that benefit of leave has to be granted as per Rajasthan Service Rules, 1951, is a correct view. We note that this benefit has been granted by the learned Single Judge prospectively and not retrospectively.
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19. Finding no merit in the writ-appeals, we dismiss the same but grant appellants, as desired by their Counsel, eight weeks from today to comply with the mandamus issued by the learned Single Judge.
20. No costs.
(VIJAY KUMAR VYAS)J. (PRADEEP NANDRAJOG)C.J. KKC/s-15 to 18 & 5 other appeals