Rajasthan High Court - Jaipur
Dr S G Sharma & Ors vs University Of Rajasthan Jaipur on 21 December, 2016
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B.Civil Writ Petition No. 10026 / 2005
1. Dr. S.G. Sharma S/o. Shri Hari Kishan Sharma, aged about 51 years,
R/o Anugrah, D-658, Malviya Nagar, Jaipur.
2. Dr. Nand Kishore Sharma, Head of Department, Accountancy and
Business Statistics, U.O.R., aged about 51 years, R/o C-83, Ram Nagar,
Shastri Nagar, Jaipur.
3. Dr. S.S. Modi S/o Late Shri Ram Swaroop Modi, aged about 52 years,
25 modi Sadan, Sudama Nagar, Opp. Glass Factory, Tonk Road, Jaipur.
4. Dr. Ravi Kumar Jain Jain S/o Late Shri D.C. Jain, aged about 51
years, R/o C-240, Dayanand Marg, Tilak Nagar, Jaipur.
5. Dr. M.L. Sharma S/o Late Sh. H.S. Sharma, aged about 49 years, R/o
57, Kalyan Colony, Tonk Phatak, Jaipur.
6. Dr. M.C. Sharma S/o Shri Guljari Lal Sharma, aged about 44 years,
R/o 68, Shivaji Nagar, Civil Lines, Jaipur.
7. Dr. C.K. Shah S/o Shri H.M. Shah, aged about 50 years, Department
of ABST, University of Rajasthan, Jaipur.
8. Dr. M.S. Poonia S/o Late Shri Pala Ram, aged about 50 years, R/o C-
8, university Campus, Jaipur.
9. Dr. S.K. Mangal S/o Shri ML. Mangal, aged about 48 years, R/o
3/489, Malviya Nagar, Jaipur.
10. Dr. S.C. Bardia S/o Late Shri J.M. Bardia, aged about 48 years, R/o
26, Ratan Niwas, Jai-Kishan Colony, Tonk Road, Jaipur.
...Petitioner
Versus
1. University of Rajasthan, through Registrar, Jaipur. (Raj.)
2. Vice Chancellor, University of Rajasthan, Jaipur. (Raj.)
3. State of Rajasthan through Secretary, Higher Education, Govt. of
Rajasthan, Jaipur.
...Respondents
(2 of 6) [ CW-338/2006] Connected With S.B. Civil Writ Petition No.338/2006 Dr. Arunesh Kumar Arora, aged about 60 years, Assistant Professor, R/o. 10/911, Malviya Nagar, Jaipur (Raj.).
...Petitioner Versus
1. University of Rajasthan, through Registrar, Jaipur. (Raj.)
2. Vice Chancellor, University of Rajasthan, Jaipur. (Raj.)
3. State of Rajasthan through Secretary, Higher Education, Govt. of Rajasthan, Jaipur.
...Respondents S.B. Civil Writ Petition No. 10167 / 2005
1. Dr. R.K. Pant S/o Late Shri P.N. Pant, aged about 58 years, R/o 13/963, Malviya Nagar, Jaipur.
2. Dr. Mrs. Savitri Dhawan W/o. Shri Subhash Dhawan, aged about 57 years, R/o 1/249, S.F.S., Agarwal Farm, mansarovar, Jaipur.
3. Dr. R.S. Meena S/o. Late Shri Teja Ram Meena, aged about 52 years, R/o. A-916, Sidharth Nagar, Near Jawahar Circle, Jaipur.
...Petitioner Versus
1. University of Rajasthan, through Registrar, Jaipur. (Raj.)
2. Vice Chancellor, University of Rajasthan, Jaipur. (Raj.)
3. State of Rajasthan through Secretary, Higher Education, Govt. of Rajasthan, Jaipur.
...Respondents (3 of 6) [ CW-338/2006] S.B.Civil Writ Petition No. 2058 / 2006
1. Dr. Ranjana Jain W/o Shri Sushil Jain, aged about 55 years, R/o 12- A, Vivekanand Marg, C-Scheme, Jaipur.
2. Dr. Sushila Jain W/o Dr. S.K. Jain, aged about 55 year R/o 23/143, Swarna Path, Mansarovar, Jaipur.
...Petitioner Versus
1. University of Rajasthan, through Registrar, Jaipur. (Raj.)
2. Vice Chancellor, University of Rajasthan, Jaipur. (Raj.)
3. State of Rajasthan through Secretary, Higher Education, Govt. of Rajasthan, Jaipur.
...Respondents S.B. Civil Writ Petition No. 2804 / 2006
1. Dr. (MRS.) Chanda Tiwari W/o Dr. S.N. Tiwari, aged about 59 years, R/o 6, Sudama Nagar, Tonk Road, Jaipur.
2. Dr.C.B.Gaur S/o Late Shri R.M. Gaur, aged about 64 years, R/o 23, Vasundhara Colony, tonk Road, Jaipur.
...Petitioner Versus
1. University of Rajasthan, through Registrar, Jaipur. (Raj.)
2. Vice Chancellor, University of Rajasthan, Jaipur. (Raj.)
3. State of Rajasthan through Secretary, Higher Education, Govt. of Rajasthan, Jaipur.
...Respondents (4 of 6) [ CW-338/2006] S.B.Civil Writ Petition No. 2805 / 2006 Dr. Hira Lal Yadav S/o Shri B.L. Yadav, aged about 59 years, R/o A-692, Malviya Nagar, Shiv Marg, JDA Colony, Jaipur.
...Petitioner Versus
1. University of Rajasthan, through Registrar, Jaipur. (Raj.)
2. Vice Chancellor, University of Rajasthan, Jaipur. (Raj.)
3. State of Rajasthan through Secretary, Higher Education, Govt. of Rajasthan, Jaipur.
...Respondents S.B.Civil Writ Petition No. 2806 / 2006 Dr. Subodh Kumar S/o Late Shri D.S. Saxena, aged about 52 years, R/o B-124, Modle Town-B, Jagatpura Road, Malviya Nagbar, Jaipur.
...Petitioner Versus
1. University of Rajasthan, through Registrar, Jaipur. (Raj.)
2. Vice Chancellor, University of Rajasthan, Jaipur. (Raj.)
3. State of Rajasthan through Secretary, Higher Education, Govt. of Rajasthan, Jaipur.
...Respondents __________________________________________________ Counsel For Petitioner(s) : Mr. K.S. Rawat. Counsel For Respondent(s) : Mr. A.K. Sharma, Senior Counsel with Mr. V.K. Sharma.
(5 of 6) [ CW-338/2006] HON'BLE MR. JUSTICE ALOK SHARMA Order 21/12/2016 This petition has been filed inter alia with the prayer that the petitioner be promoted to the post of Professor under the Career Advancement Scheme (hereinafter 'CAS')with effect from 2001.
At the outset, Mr. A.K. Sharma, Senior Counsel appearing for the University of Rajasthan has submitted that subsequent to the filing of the writ petition vide office order dated 10.02.2008, all petitioners except No.4 (Mr. R.K. Jain) have been given the benefit of promotion to the post of Professor under the Career Advancement Scheme effective 19.05.2001. It has been submitted that consequently the relief sought to the petition stands granted to most of the petitioners rendering the petition infructuous vis-a-vis them.
Mr. A.K. Sharma, Senior Counsel appearing for the respondent-University submitted that in any event the petitioner not granted the benefit of promotion to the post of professor under the CAS under the office order dated 10.02.2008 would have been a fresh cause of action thereagainst and can be left to agitate his grievance by way of a fresh writ petition.
Mr. K.S. Rawat appearing for the petitioner is not in a position to controvert the factum of the office order dated (6 of 6) [ CW-338/2006] 10.02.2008 having been issued by University of Rajasthan where all petitioners except Petitioner No.4 Mr. Ravi Kumar Jain have been "promoted" as Professor under the Career Advancement Scheme.
In view of the aforesaid the petition is disposed of as infructuous qua petitioners other than No.4. It is however made clear that petitioner No.4 not given the benefit of promotion to the post of Professor under CAS under office order dated 10.02.2008 would be free to lay challenge to his non-selection--a fresh cause of action, in accordance with law.
The petition stands disposed of accordingly. The other connected petitions stand disposed of in terms of the order passed today in SBCWP No.10026/2005 titled Dr. S.G. Sharma & Ors. vs. University of Rajasthan & Ors.
A copy of this order be placed in connected matters.
(ALOK SHARMA) J.
Karan/Himanshu