Rajasthan High Court - Jodhpur
Dr. Arvind Kumar Joshi vs Jai Narain Vyas University on 10 March, 2022
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 17184/2021
Ram Prasad Choudhary S/o Shri Kalu Ram Choudhary, Aged
About 43 Years, Iv/fs/4 Sector-3, University Staff Colony,
Jodhpur.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Vice
Chancellor, Jodhpur, Rajasthan.
2. The Registrar, Jai Narain Vyas University, Jodhpur,
Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 10348/2021
Arjun Lal Meena S/o Srinarayan Meena, Aged About 45 Years,
Resident Of Iii-F/15, University Staff Colony Sector No. 2,
Residency Road, Jodhpur.
----Petitioner
Versus
1. Jai Narayan Vyas University, Through Its Registrar, Head
Office, Jodhpur
2. Registrar, Jai Narain Vyas University, Head Office,
Residency Road, Air Force Area, Jodhpur
----Respondents
S.B. Civil Writ Petition No. 17188/2021
Kailash Chaudhary S/o D.r. Chaudhary, Aged About 41 Years, Iii
H/1, University Staff Colony, Jnvu Jodhpur.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Vice
Chancellor, Jodhpur, Rajasthan.
2. The Registrar, Jai Narain Vyas University, Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 17191/2021
Emarti Kumari D/o Shri Neta Ram, Aged About 40 Years, Warden
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Residence Of Hostel N. 6 (Engineering Girls), Jnvu Campus,
Jodhpur.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Vice
Chancellor, Jodhpur, Rajasthan.
2. The Registrar, Jai Narain Vyas University, Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 17193/2021
Shrwan Ram S/o Toga Ram Meghwal, Aged About 48 Years, Plot
No.b-210, Rameshwar Nagar, Basni-1, Jodhpur.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Vice
Chancellor, Jodhpur, Rajasthan.
2. The Registrar, Jai Narain Vyas University, Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 17195/2021
Shailesh Choudhary S/o Late Mohan Lal Choudhary, Aged About
46 Years, 283, Umaid Heritage, Ratanada, Jodhpur.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Vice
Chancellor, Jodhpur, Rajasthan.
2. The Registrar, Jai Narain Vyas University, Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 17330/2021
Meena Kumari Gurjar (Mrs.) D/o Shri K.l. Gurjar, Aged About 33
Years, R/o House No. Thf/18, University Staff Quarters, Near
Engg. College, Residency Road, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
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----Respondents
S.B. Civil Writ Petition No. 17331/2021
Dr. Kamna Sharma D/o Om Dutt Sharma, Aged About 39 Years,
R/o Shankar Sadan Soorsagar, District Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narayan Vyas University, Through Its Registrar Jnvu
Campus, Jodhpur.
2. Vice Chancellor, Jai Narayan Vyas University Jnvu
Campus, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17333/2021
Parvez Ali S/o Shaukat Ali, Aged About 38 Years, C/o Yousuf
Khan, Behind Stadium Cinema, Mai Khadija Hospital Wali Gali,
Khariya Kunwa, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narayan Vyas University, Through Its Registrar Jnvu
Campus, Jodhpur.
2. Vice Chancellor, Jai Narayan Vyas University Jnvu
Campus, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17335/2021
Dr. Bharat Kumar S/o Shri Girdhari Ram, Aged About 37 Years,
R/o In Front Of Board Of Technical Education, Residency Road,
District Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narayan Vyas University, Through Its Registrar Jnvu
Campus, Jodhpur.
2. Vice Chancellor, Jai Narayan Vyas University Javu
Campus, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17346/2021
Madan Lal S/o Shri Babu Ram, Aged About 40 Years, R/o Purani
Bhakhri Bas, Sursagar, Jodhpur, District Jodhpur, Rajasthan.
----Petitioner
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Versus
1. Jai Narayan Vyas University, Through Its Registrar Jnvu
Campus, Jodhpur.
2. Vice Chancellor, Jai Narayan Vyas University Jnvu
Campus, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17430/2021
Vivek S/o Shri Mangti Ram, Aged About 38 Years, T.h.f. 17,
Residency Road, Near Mbm Engineer College, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narayan Vyas University, Through Its Registrar Jnvu
Campus, Jodhpur.
2. Vice Chancellor, Jai Narayan Vyas University Jnvu
Campus, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17431/2021
1. Kamlesh Kumhar S/o Shri Durga Lal Kumhar, Aged About
40 Years, R/o House No. Iv-B, Sector - 2, University Staff
Quarters, Jodhpur, Rajasthan.
2. Priyanka Mehta (Mrs.) D/o Dr. Gautam Chand Kothari,
Aged About 40 Years, R/o Lambia House, Makrana
Mohalla, Jodhpur, Rajasthan.
----Petitioners
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17432/2021
1. Meena Barupal S/o Shri Multan Ram Barupal, Aged About
41 Years, R/o Biotechnology Unit Department Of Botany,
Faculty Of Science, New Campus Jnvu Jodhpur, District
Jodhpur, Rajasthan.
2. Seema Sen D/o Shri Hemant Sen, Aged About 36 Years,
R/o 25 Af/11, Chopasni Housing Board, Near Indigo Public
School Jodhpur, District Jodhpur, Rajasthan.
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3. Ramesh Kumar D/o Shri Mangi Lal, Aged About 39 Years,
R/o Nehru Nagar, Barmer, District Barmer, Rajasthan.
----Petitioners
Versus
1. Jai Narayan Vyas University, Through Its Registrar Jnvu
Campus, Jodhpur.
2. Vice Chancellor, Jai Narayan Vyas University Jnvu
Campus, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17474/2021
Rishabh Gehlot S/o Shri Radhey Shyam Gehlot, Aged About 35
Years, 58, Parijath Badri Vihar, Lal Sagar, District Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narayan Vyas University, Through Its Registrar Jnvu
Campus, Jodhpur.
2. Vice Chancellor, Jai Narayan Vyas University Jnvu
Campus, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17501/2021
Archana Bohra Gupta (Mrs.) D/o Late Shri Rahul Kumar Bohra,
Aged About 44 Years, House No. 221-222, Mansarover Scheme,
Pal By-Pass Road, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas Universiaty, Jodhpur, Through Its
Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17503/2021
Dr. Vandana Yadav (Ms.) D/o Dr. Sunder Lal Yadav, Aged About
46 Years, R/o House No. J-5/a, Subhash Chandra Bose Colony,
Defense Laboratory Road, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
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2. Registrar, Jai Narain Vyas University, Jodhpur, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17506/2021
Dr. Arvind Kumar Joshi S/o Shri Babu Lal Joshi, Aged About 48
Years, R/o Gali No. 2, Near Shyam Manohar Temple, Choupasani
Village, Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17516/2021
Richa Bohra D/o Shri Anil Bohra, Aged About 36 Years, 1 K6
Bhagat Ki Kothi Extension Scheme, Housing Board, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. Jai Narayan Vyas University, Through Its Registrar Jnvu
Campus, Jodhpur.
2. Vice Chancellor, Jai Narayan Vyas University Jnvu
Campus, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 2473/2022
Dr. Laxman Lal Salvi S/o Sakar Chand, Aged About 43 Years,
Iii/f/21, Sector 2, Jai Narain Vyas University Staff Colony,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 2685/2022
Dr. Rashmi Meena D/o Shri Hazari Lal Meena Ji, Aged About 39
Years, R/o University Bungalow No. 04, Behind Collectors
Residence, Residency Road, Near Mbm Engg. College, Jodhpur,
Rajasthan.
----Petitioner
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Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 2813/2022
Dr. Shrawan Kumar S/o Ram Dayal, Aged About 51 Years, 77,
Sector-B, Bapu Nagar, Near Overhead Water Tank, Jhalamand,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 17291/2021
Dr. Mahipal Singh Rathore
----Petitioner
Versus
Jai Narayan Vyas University & Ors.
----Respondents
S.B. Civil Writ Petition No. 17324/2021
Dr. Mahendra Singh
----Petitioner
Versus
Jai Narayan Vyas University & Ors.
----Respondents
S.B. Civil Writ Petition No. 17329/2021
Dr. Om Prakash
----Petitioner
Versus
Jai Narayan Vyas University & Ors.
----Respondents
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S.B. Civil Writ Petition No.17332/2021
Govind Singh
----Petitioner
Versus
Jai Narayan Vyas University & Ors.
----Respondents
S.B. Civil Writ Petition No.17334/2021
Fatta Ram Nayak
----Petitioner
Versus
Jai Narayan Vyas University & Ors.
----Respondents
S.B. Civil Writ Petition No.17342/2021
Bhawani Singh Rajpurohit
----Petitioner
Versus
Jai Narayan Vyas University & Ors.
----Respondents
S.B. Civil Writ Petition No.17343/2021
Dr. Lalit Kumar Panwar
----Petitioner
Versus
Jai Narayan Vyas University & Ors.
----Respondents
S.B. Civil Writ Petition No.17344/2021
Dr. Rekha
----Petitioner
Versus
Jai Narayan Vyas University & Ors.
----Respondents
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For Petitioner(s) : Mr. Sanjay Nahar
Mr. Nihar Jain
Mr. Kuldeep Mathur, Sr. Advocate a/w
Mr. Dheerendra Singh Sodha
Ms. Kshama Purohit
Mr. Deen Dayal Purohit
Mr. Chandraveer Singh
Mr. Jitendra Choudhary
Mr. BS Sandhu
For Respondent(s) : Mr. Deepesh Singh Beniwal
Mr. Ravi Bhansali, Sr. Advocate a/w
Mr. Vipul Dharnia
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 10/03/2022 In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
Counsel for the petitioner(s) submits that the petitioners are working as Assistant/Associate Professors in various Departments of Jai Narain Vyas University, Jodhpur (hereinafter referred to as 'the University') and are having requisite qualification and have been duly selected in accordance with law.
Counsel for the petitioner(s) submits that the University started process for award of Stage-2/Stage-3, promotion from the post of Assistant Professor to Associate Professor and Associate Professor to Professor under the Career Advancement Scheme vide notification dated 14.12.2020 and the petitioners were to be considered in pursuance of the notification dated 14.12.2020 in accordance with Ordinance 317(B) notified on 18.03.2013 & 20.07.2017 for General Faculties and under Ordinance 317(4) (Downloaded on 15/03/2022 at 08:28:46 PM) (10 of 13) [CW-17184/2021] notified on 25.07.201 & 09.07.2016 for Engineering & Management Studies respectively.
The petitioners applied for the said Scheme. In the meanwhile, Syndicate passed a resolution dated 22.09.2021 approving amendment in Ordinance 317(B) and 317(4) in pursuance of UGC Regulations, 2018/AICTE Regulations, 2019.
The respondents started continuing with the ongoing process of CAS Scheme in pursuance of notification dated 14.12.2020 and were at the verge of completing the same by the end of the year 2021.
The common grievance that arose to the present petitioners is that the petitioners were being deprived of their lawful consideration in the ongoing process of CAS Scheme on count of implementation of proposed amendment in Ordinance 317(B) and 317(4).
This Court passed the following order on 10.12.2021, which reads as follows:-
"Learned counsel for the respondent-University prays for time to file reply to the writ petition. Time prayed for is allowed.
Learned counsel for the parties were heard for grant of interim relief.
Learned counsel for the petitioners made submissions that the respondents are in process of considering the matters relating to the Career Advancement Scheme ('CAS'), for which, the applications were called from the petitioners, however, they have not been called for interview/evaluation and their cases are not being considered on account of the fact that the UGC Regulations, 2018 / AICTE Regulations, 2019 have come into force and the University has by adopting the same, proposed amendment in Ordinance 317-B/317(4), for which, assent of the Governor, has not been received so far.
Learned counsel for the University attempted to make submissions that irrespective of the assent received from the (Downloaded on 15/03/2022 at 08:28:46 PM) (11 of 13) [CW-17184/2021] Governor, as the Regulations have already been issued in the year 2018/2019, the candidates have to be judged based on the said Regulations.
In the circumstances of the case, wherein the University has sought amendment in the Ordinance and the assent of the Governor, which is pre-requisite for the same is yet not being received and the petitioners have already applied under the Notification issued by the University/Faculty of Engineering, the respondents are directed to call the petitioners for interview/evaluation, consider their cases for CAS, however, their result shall not be declared till the next date.
List the petitions on 17.01.2022."
This Court further passed following order on 02.02.2022, which reads as follows :-
"Learned counsel for the University prays for further time to file reply.
Last opportunity is granted to file the reply. Learned counsel for the petitioners made submissions that the respondent - University, after passing of the interim orders, has sought requisites from the petitioners, which is contrary to the directions issued by this Court.
In view of the submissions made, the respondent - University is directed not to insist upon the petitioners for responding to its Circular seeking filing of the requisites pursuant to the notification dated 1.3.2019.
However, in case, any of the petitioners seek to respond to the said requirement, they would be free to do so, however, the same would not prejudice their case in the present writ petitions.
List the petitions on 23.2.2022."
Today counsel for the petitioners submit that since the proposed amendment has not been assented by His Excellency the Governor, therefore, un-amended Ordinance 317(B) and 317(4) ought to be directed to be implemented by the University for completing the Career Advancement Scheme in-question.
Counsel for the petitioner further submits that the process itself was initiated vide notification dated 14.12.2020 and, thus, (Downloaded on 15/03/2022 at 08:28:46 PM) (12 of 13) [CW-17184/2021] the games of rules ought not to be changed by any subsequent amendment being sought by the University through the Syndicate resolution dated 22.09.2021.
Mr. Deepesh Beniwal, counsel for the respondent-University, categorically submits that principally the University has agreed that it shall be going to complete the CAS process started in pursuance of the notification dated 14.12.2020 as per the existing un-amended Ordinance 317(B) and 317(4). Counsel for the respondent fairly submits that they shall expeditiously complete the process strictly in accordance with law while abiding by the un-amended Ordinance, as the proposed amendments are yet to come into effect.
This Court on takes note of the categorical assurance by the University through its counsel Mr. Deepesh Beniwal that they shall proceed with the existing un-amended Ordinance strictly in accordance with law for all the present petitioners under the Ordinance 317(B) and 317(4).
This Court finds that such assurance resolves and redresses the issues raised by the petitioners. The University itself has decided to resolve and redress the issue and, therefore, no further adjudication is called for in these petitions.
The writ petitions are thus disposed of while directing the University to complete the Career Advancement Scheme strictly in accordance with law in pursuance of notification dated 14.12.2020 and the existing Ordinance 317(B) and 317(4) expeditiously, preferably, within a period of three months from today as already agreed upon by the University.
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(13 of 13) [CW-17184/2021] It is needless to say that the newly formed MBM University shall also be bound by this order.
(DR.PUSHPENDRA SINGH BHATI),J 15-41+C-1 to C-8 Nirmala/Sanjay-
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