Rajasthan High Court - Jodhpur
Sapna Koli vs Gomati Sharma (Mrs.) ... on 22 January, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:3400]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 308/2022
Mukesh Sharma S/o Shri Ram Swaroop Sharma, Aged About 33
Years, Resident Of Village Nosar, Tehsil Osian, District Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomati Sharma, Registrar, Jai Narain Vyas University, Jodhpur.
----Respondent
Connected With
S.B. Writ Contempt No. 1557/2018
Sunil Kumar Tak S/o Shri Manohar Lal, Aged About 35 Years, R/o
D-22, Rameshwar Nagar, Basni First Phase, Jodhpur (Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Bhanwar Singh Sandu, Registrar,jai Narain Vyas University,
Jodhpur.
----Respondents
S.B. Writ Contempt No. 1558/2018
Ganpat Singh S/o Shri Bagtawar Singh, Aged About 44 Years,
R/o 285, Hanuman Dhari, Guda Raod, Jhalamand, Jodhpur
(Raj.).
----Petitioner
Versus
1. Jai Narain Vyas University,jodhpur And Anr, Its Registrar.
2. Bhanwar Singh Sandu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondents
S.B. Writ Contempt No. 1560/2018
Narayan Ram S/o Shri Magna Ram, Aged About 58 Years, R/o
149, Naion Ka Bas, Village And Post Khabra Khurd, Tehsil Osian,
District Jodhpur (Raj.).
----Petitioner
Versus
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Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1561/2018
Jai Narayan Sharma S/o Shri Chandra Shekhar Sharma, Aged
About 43 Years, R/o Paharganj Ii Nd Colony, Lalsagar, Mandore
Road, Jodhpur (Raj.).
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1562/2018
Jai Ram S/o Shri Bhoora Ram, Aged About 40 Years, Naya Bera,
Village And Post Khangata, Tehsil Pipar City, District Jodhpur.
(Raj)
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1563/2018
Vijay Gaur S/o Shri Jagdish Prasad Gaur, Aged About 43 Years,
Meharon Ka Chowk, Naya Bas, Pipali Ki Gali, Jodhpur (Raj.)
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur
----Respondent
S.B. Writ Contempt No. 1564/2018
Dalpat Singh S/o Shri Banshi Lal Chouhan, Aged About 43 Years,
Resident Of Plot No. 9-B, Panchawati Colony, Ratanada, Jodhpur
(Raj.).
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
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Jodhpur.
----Respondent
S.B. Writ Contempt No. 1565/2018
Ram Prakash S/o Shri Seeta Ram Faroda, Aged About 29 Years,
Hanumanpura, Vpo Khangata, Tehsil Pipar City, District Jodhpur.
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur
----Respondent
S.B. Writ Contempt No. 1567/2018
Jitendra Singh S/o Shri Jhuth Singh, Aged About 38 Years, R/o
C/o Mangilal Ji H.no. 1, Near New Marwar Hotel, High Court
Colony, Jodhpur (Raj.).
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1568/2018
Rajendra Singh S/o Shri Babu Singh, Aged About 43 Years,
Hanuman Dhari, Guda Road, Jhalamand, Jodhpur (Raj)
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur
----Respondent
S.B. Writ Contempt No. 1569/2018
Shrawan Ram Meghwal S/o Shri Baldev Ram, Aged About 30
Years, R/o Meghwalon Ka Bas, Village And Post Khangata, Tehsil
Pipar City, District Jodhpur (Raj.).
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur.
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----Respondent
S.B. Writ Contempt No. 1570/2018
Rajendra Singh S/o Shri Matabux, Aged About 44 Years,
Opposite Baba Ramdeo Temple, Santoshpura, Masuriya, Jodhpur
(Raj.).
----Petitioner
Versus
Bhanwar Singh Sandu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1571/2018
Kavita Panwar Mrs. D/o Late Shri Bihari Singh Panwar, Aged
About 39 Years, Fort Road, Bagar Beri, Jodhpur. (Raj)
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur
----Respondent
S.B. Writ Contempt No. 1572/2018
Dinesh Bugasara S/o Shri Shanker Lal, Aged About 30 Years, By
Caste Jat, R/o Village Khorwa, Post Bhawanda, Tehsil Kheevsar,
District Nagaur (Raj.).
----Petitioner
Versus
Bhanwar Singh Sandhu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1573/2018
Prem Singh S/o Shri Mod Singh, Aged About 36 Years, Village
Gadav, Post Karwar, Tehsil And District Jodhpur (Raj)
----Petitioner
Versus
Bhanwar Singh Sandu, Registrar, Jai Narain Vyas University,
Jodhpur
----Respondent
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S.B. Writ Contempt No. 1574/2018
Madan Singh S/o Shri Mod Singh, Aged About 41 Years, Village
Gadav, Post Karwar, Tehsil And District Jodhpur (Raj.).
----Petitioner
Versus
Bhanwar Singh Sandu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1575/2018
Mohd. Hanif S/o Shri Abdul Hamid, Aged About 43 Years,
Maderna Colony, Kayamkhani Mohalla, Near Masjid, Bhadwasiya,
Jodhpur (Raj.).
----Petitioner
Versus
Bhanwar Singh Sandu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1576/2018
Virendra Kumar Sharma S/o Shri Ramratan Sharma, Aged About
47 Years, Resident Of 8Th, Residency Road, House No. 11-A
Karmchari Colony, Jodhpur (Raj.).
----Petitioner
Versus
Bhanwar Singh Sandu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1577/2018
Sohan Lal S/o Shri Narayan Das, Aged About 43 Years, Resident
Of Plot No. 365, Laxmi Nagar, Paota C Road, Jodhpur (Raj.).
----Petitioner
Versus
Bhanwar Singh Sandu, Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
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S.B. Writ Contempt No. 301/2022
Sapna Koli D/o Shri Naval Kishore, Aged About 39 Years, By
Caste Koli, R/o 355, Railway Quarters, Rpf Backside, Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 313/2022
Virendra Sharma S/o Shri Omprakash Sharma, Aged About 44
Years, By Category General, R/o Vidhya Bhawan, Hakam Bagh,
Opposite Sardar School, Jodhpur Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 314/2022
Ashok Sen S/o Shri Mangi Lal Sen, Aged About 31 Years, By
Category Obc, Plot No. 466, Vaishnav Colony, Gali No. 11, Balaji
Mandir Road, Chandna Bhakar, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 317/2022
Sajjan Singh S/o Lakh Singh, Aged About 28 Years, By Category
General, Village Post Bastwa, Tehsil Balesar, District Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
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S.B. Writ Contempt No. 318/2022
Babu Lal S/o Chunni Lal, Aged About 33 Years, By Caste
Saragara, R/o 41/4, Marusthali Awas Colony, Engg. Hostel,
Residency Road, Jodhpur (Raj.).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 319/2022
Rajni W/o Shri Yashpal Singh Shekhawat, Aged About 47 Years,
R/o Plot No. Hudco Quarter, Sector, E-170, Kamla Nehru Nagar,
Jodhpur (Rajasthan)
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 326/2022
Vandana Chouhan S/o Pukhraj Chouhan, Aged About 40 Years,
By Category Sc, House No. 72 Jawahar Colony, Near Sardar
Club, Jodhpur (Rajasthan)
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 328/2022
Himmat Singh S/o Shri Ratan Singh, Aged About 28 Years, By
Category Obc, R/o D-94 Rameshwar Nagar, Basni 1St Phase,
Jodhpur (Raj.).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
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S.B. Writ Contempt No. 329/2022
Prakash Prajapat S/o Shri Sohan Lal Prajapat, Aged About 42
Years, By Castegory Obc, Manak Chowk, Naya Bas, Ramdev Ji Ki
Gali, Near Chitra Cinema, Jodhpur, Rajasthan
----Petitioner
Versus
Gomati Sharma, Registrar, Jai Narain Vyas University, Jodhpur.
----Respondent
S.B. Writ Contempt No. 330/2022
Prem Singh S/o Late Shri Narayan Singh Daiya, Aged About 50
Years, By Castegory Obc, R/o Plot No. 46 Bhagwan Nagar, Near
Tagore School, Bjs, Jodhpur (Rajasthan).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 331/2022
Hitendra Parihar S/o Shri Thanchand Parihar, Aged About 29
Years, By Category Sc, R/o 73, Jhawahar Colony, Opp. Polo
Ground, Jodhpur (Raj.).
----Petitioner
Versus
1. Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
2. Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondents
S.B. Writ Contempt No. 339/2022
Dilip Solanki S/o Late Shri Hari Singh Solanki, Aged About 26
Years, B/c Obc, Gali No. 5, Ram Chowk , Jaloriyon Ka Bas Inside
Nagori Gate, Jodhpur (Raj.)
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
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----Respondent
S.B. Writ Contempt No. 343/2022
Rajendra Singh S/o Ajeet Singh, Aged About 40 Years, By
Category General, R/o Makan No. 40, East Patel Nagar, Circuit
House Road, Ratanada, Jodhpur (Raj.).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 352/2022
Vishnu Kumar S/o Shri Bankelal Prajapat, Aged About 31 Years,
By Category Obc, Krashi Mandi Ke Pichem, Maderna Colony, Pipli
Chowk, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 356/2022
Yogeshwar S/o Shri Om Prakash Chouhan, Aged About 50 Years,
R/o Hathi Ram Ka Odha, Ranawat Mandir Ke Samen, District
Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 359/2022
Deva Ram S/o Mehra Ram, Aged About 42 Years, By Category
Obc, House No. 68, Rajeev Nagar, Basni First Phase, Kudi Road,
Jodhpur (Raj.).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
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----Respondent
S.B. Writ Contempt No. 364/2022
Anand Singh Gehlot S/o Babu Lal Gehlot, Aged About 45 Years,
By Category Obc, R/o Soorsagar Thane Ke Pass, Chadnpole
Road, Jodhpur (Raj.).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur
----Respondent
S.B. Writ Contempt No. 372/2022
Vimla (Mrs.) D/o Shri Aatma Ram, Aged About 42 Years, By
Caste Harijan, 262, Nehru Colony, Paanch Batti Circle, Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 375/2022
Praveen S/o Shri Mangilal, Aged About 33 Years, By Category Sc,
R/o Ch-27, High Court Colony, Ratanada, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 377/2022
Raj Kumari D/o Shri Jagdish Singh Deora, Aged About 47 Years,
By Category General, R/o Pachetia Hills, Navchowkia, Inside
Jalori Gate, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
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S.B. Writ Contempt No. 378/2022
Sunil Kumar S/o Shri Gopa Ram Solanki, Aged About 31 Years,
By Category Obc, R/o 56, Balaji Nagar, Salawas Road,
Sangariya, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 380/2022
Madan Singh S/o Shri Mohan Singh, Aged About 48 Years, By
Category Obc, R/o 130, Ghanchi Colony, New Pali Road, Bhagat
Ki Kothi, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 381/2022
Dhan Raj S/o Shri Chandu Ram, Aged About 42 Years, By Caste
Harijan, R/o 262, Nehru Colony, Paanch Batti Circle, Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 384/2022
Jai Kanwar W/o Shri Dharmendra Singh Panwar, Aged About 36
Years, By Category Obc, Plot No. 13, Gaj Kripa, Old Police Line,
Rai Ka Bag, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
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S.B. Writ Contempt No. 385/2022
Sobhagmal Morya S/o Suresh Chand, Aged About 47 Years, By
Category Sc, R/o 1101/21 Morya Bhawan, Peer Road, Diggi
Bazar, District Ajmer (Rajasthan).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 386/2022
Narendra Singh Chouhan S/o Bheru Singh, Aged About 36 Years,
By Category Obc, 61, Nehru Colony, Ratanada, Jodhpur (Raj.).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 392/2022
Uma Gaur D/o Shri Mahaveer Prasad Sharma, Aged About 46
Years, By Category Genral, R/o Marudhreshwar Mahadev Mandir,
Cazri Main Gate, Iti Road, Jodhpur (Raj.).
----Petitioner
Versus
Gomati Sharma (Mrs.), Jai Narain Vyas University, Jodhpur.
----Respondent
S.B. Writ Contempt No. 393/2022
Pramod Singh S/o Shri Ram Singh, Aged About 28 Years, By
Caste Rawana Rajput, R/o 137, Ravala Kot, Jhalamand, Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 394/2022
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Manoj Singh S/o Shri Mala Ram, Aged About 34 Years, By
Category Obc, R/o Village And Post Chitawa, Tehsil Kuchaman,
District Nagaur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 397/2022
Ramesh Vaishnav S/o Shri Jagdish Prasad, Aged About 48 Years,
B/c Obc, Sunaro Ki Bagechi, Ratanada, Jodhpur (Raj)
----Petitioner
Versus
Gomti Sharma, Registrar, Jai Narain Vyas University, Jodhpur.
----Respondent
S.B. Writ Contempt No. 402/2022
Nirmala D/o Late Shri Prabhu Singh, Aged About 54 Years, R/o
239, Nehru Colony, Panch Batti Road, Ratanada, Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomati Sharma, Registrar, Jai Narain Vyas University, Jodhpur.
----Respondent
S.B. Writ Contempt No. 405/2022
Madan Lal S/o Shri Chandu Lal, Aged About 53 Years, By Caste
Harijan, R/o 262, Nehru Colony, Paanch Batti Circle, Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomti Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 408/2022
Sampat Raj S/o Shri Mehra Ram, Aged About 34 Years, By
Category Obc, R/o House No. 68, Rajeev Nagar, Basni First
Phase, Kudi Road, Jodhpur, Rajasthan.
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----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 409/2022
Manish Pal Singh S/o Shri Rajendra Singh, Aged About 40 Years,
By Category Obc, R/o 66-A, Opposite Dhandi School, Jhalamand,
Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 418/2022
Narpat Kumar S/o Late Pema Ram, Aged About 46 Years,
Jawahar Colony, Sardar Club, Ratanada, District Jodhpur
(Rajasthan).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur
----Respondent
S.B. Writ Contempt No. 453/2022
Madan Lal S/o Shri Gulab Ram, Aged About 44 Years, By
Category Sc, R/o Plot No. 113, Jawahar Colony, Near Sardar
Club, Residency Road, Jodhpur , Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 481/2022
Murlidhar S/o Shri Rambux, Aged About 54 Years, By Caste
Harijan, R/o 4/161, K K Colony, Basni Ist Phase, Jodhpur,
Rajasthan.
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----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 495/2022
Jitendra Verma S/o Shri Om Prakash Verma, Aged About 36
Years, By Category Obc, R/o Backside Of Ramdev Mandir,
Suthala, Choupasani Road, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 525/2022
Mahesh Ram S/o Amra Ram, Aged About 28 Years, By Category
Obc, R/o Haryana Konri, Agolai, Tehsil Balesar, District Jodhpur
(Raj.)
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narayan Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 526/2022
Anand Singh S/o Shri Banshi Singh, Aged About 35 Years, By
Caste Rajput, R/o Jhalamand Chouraya, House No. 60, Vayu
Vihar Colony, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 743/2022
Shera Tak (Miss) D/o Shri Om Prakash Tak, Aged About 45 Years,
By Caste Sen, R/o 7/g-32, Kuri Housing Board, Jodhpur,
Rajasthan.
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----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1187/2022
Madho Singh S/o Shri Shaitan Singh, Aged About 38 Years, By
Category Obc, P-No. 60, Gulab Nagar-C Sector-C Sector, B.j.s.
Colony, Jodhpur (Raj.).
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1210/2022
Mahendra Singh Bhati S/o Shri Mal Singh Bhati, Aged About 32
Years, By Caste Rawana Rajput, R/o House No. 63-F, Near New
James School, Basni First Phase, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1270/2022
Arjun Ram Choudhary S/o Shri Poona Ram, Aged About 54
Years, By Caste Jat, R/o C/o Hari Ram Dudi, Plot No. 111, Kbh
Road, Karni Nagar, Basni, First Phase, Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs.), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
S.B. Writ Contempt No. 1192/2022
Baldev Ram S/o Shri Bagga Ram, Aged About 42 Years, By
(Downloaded on 09/02/2024 at 09:03:08 PM)
[2024:RJ-JD:3400] (17 of 25) [WCP-308/2022]
Category Obc, R/o Village Nandra Kalla, Singdo Ki Dhani,
District Jodhpur, Rajasthan.
----Petitioner
Versus
Gomati Sharma, Registrar, Jai Narain Vyas University, Jodhpur.
----Respondent
S.B. Writ Contempt No. 53/2023
Jagdish Prasad S/o Shri Kasi Ram, Aged About 50 Years, R/o
Naya Talab, Moti Kund, Inside Nagauri Gate, Jodhpur,
Rajasthan.
----Petitioner
Versus
Gomati Sharma (Mrs), Registrar, Jai Narain Vyas University,
Jodhpur.
----Respondent
For Petitioner(s) : Dr. Nikhil Dungawat.
Mr. Govind Suthar.
For Respondent(s) : Mr. Sandeep Shah, Sr. Adv & AAG
assisted by Mr. Abhimanyu Singh.
Mr. Deepesh Singh Beniwal.
Mr. Himmat Singh for
Mr. Prithvi Raj Singh Jodha.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 22/01/2024
1. Learned counsel for the respondents have shown to this Court the order dated 16.01.2019 passed by a Coordinate Bench of this Hon'ble Court in Sunil Kumar Ojha Vs. Jai Narayan Vyas University & Anr. : S.B. Civil Writ Petition No.1456/2016 and other connected matters; the operative portion of which, reads as follows:
(Downloaded on 09/02/2024 at 09:03:08 PM)[2024:RJ-JD:3400] (18 of 25) [WCP-308/2022] "In view of the above, these writ petitions filed by the petitioners are also allowed with similar directions as given in the case of Virendra Kumar Sharma (supra), which reads as under:-
"7. Resultantly, all these writ petitions are allowed in terms of Jitendra Kumar's case (supra) and the respondents are directed to regularize the services of the petitioners and pass appropriate suitable orders awarding them consequential benefits within a period of three months from today.""
2. The aforementioned order dated 16.01.2019 was upheld by the Division Bench of this Hon'ble Court vide judgment dated 13.08.2021 in Jai Narain Vyas University & Anr. Vs. Mukesh Sharma : D.B. Civil Special Appeal (Writ) No.347/2019 & other connected matters, the operative portion of which is reproduced as hereunder:
"Heard learned counsel for the parties.
Mr. P.R. Singh, learned counsel for the appellant- University vehemently submitted that the orders passed by the learned Single Judge are unjust, improper and incorrect as the respondents-petitioners were given appointment through the placement agency and as such, there was no master-servant relationship between the appellant- University and the respondents-petitioners. Thus, there was no question for the appellant-University to regularize the services of the respondents-petitioners, more so, when the placement agency was not arrayed as party respondent. He further contended that there was a Memorandum of Understanding (MoU) between the University and the State which provides that the State is the final authority for creation of posts and filling up the vacancies and since the State was not arrayed as party respondent in the writ petitions, the writ petitions are liable to be dismissed on the ground of non-joinder of parties also.
Learned counsel for the appellant-University argued that the respondents-petitioners were employed through placement agency, therefore, they cannot be termed as the employees of the appellant-University and there was no question of regularizing their services on the posts as mentioned above. In support of his contentions, he relied upon the judgment of the Hon'ble Supreme Court in the case of State of Rajasthan vs. Dayalal reported in (2011) 2 SCC 429.(Downloaded on 09/02/2024 at 09:03:08 PM)
[2024:RJ-JD:3400] (19 of 25) [WCP-308/2022] The learned counsel implored the Court that the case of Dr. Vikrant Sharma vs. Jai Narayan Vyas University decided on 03.08.2016 is having no similarity with the case of the present respondents-petitioners as Dr. Vikrant Sharma - petitioner therein was appointed by the University and not through the contractor/placement agency and, therefore, the learned Single Judge fell in error while considering the case of respondents-petitioners on the ground of parity with the case of Dr. Vikrant Sharma. Learned counsel further submitted that the respondents- petitioners were not appointed on the sanctioned strength of posts and since they were appointed beyond the sanctioned strength of the regular employees, their case cannot be considered for regularization. He argued that while deciding the case of Deepak Dave (supra), the learned Single Judge did not correctly apply the law laid down in the case of Ramavtar Sharma and Ors. vs. RSRTC and Ors. reported in 2015 (2) WLC (Raj) 112 and instead relied upon the judgment rendered in the case of Jitendra Kumar vs. Jai Narayan Vyas University decided on 13.12.2013.
Shri P.R. Singh, learned counsel for the appellant- University vehemently argued that in the case of State of Bihar vs. Kirti Narayan Prasad and Ors., the Hon'ble Supreme Court held that observations made in the case of State of Karnataka vs. Uma Devi cannot be made applicable in every case and, therefore, the learned Single Judge fell in error while giving a direction of regularization to the appellant-University in the present case.
The applications preferred by the State of Rajasthan for impleading as party-respondent were allowed. Shri Manish Vyas, learned Additional Advocate General appearing for the State of Rajasthan adopted the arguments of the learned counsel for the appellant- University and submits that the learned Single Judge committed an error while passing the order of regularization in favour of the respondents-petitioners.
Per contra, the learned counsels appearing for the respondents-petitioners supported the judgment delivered by the learned Single Bench in their favour on the ground that respondents-petitioners are serving the appellant- University for almost 15-30 years on different posts. They submitted that the respondents-petitioners are rendering their services for such a long period shows that there is a perennial nature of work and the University is functioning in full vigour and strength, therefore, not regularizing the services of the respondents-petitioners, is nothing but jeopardizing their future and livelihood as the sword of disengagement and termination will always hang on their head. They further submitted that not regularizing the services of the respondents-petitioners is not only unfair and unreasonable but, the same can be termed as unfair labour practice also.
The learned counsels have further submitted that the continuance of the respondents-petitioners in service for (Downloaded on 09/02/2024 at 09:03:08 PM) [2024:RJ-JD:3400] (20 of 25) [WCP-308/2022] almost 15-30 years shows that University is not only in need of their services, but their services have also been found to be satisfactory. They submitted that the appellant- University regularized the services of similarly placed employees way back in the year 1999 and thereafter, different judgments have been passed in the case of the similarly situated employees. Learned counsel, therefore, submitted that on the same lines, relief may be extended to the respondents-petitioners and the appeals may be dismissed as has been done in the cases of Jitendra Kumar, Vikrant Sharma, Khema Ram Bishnoi, Premchand Mehta and Narendra Surana.
It is further submitted that challenge to the Division Bench judgments passed by this Court have been rejected by Hon'ble the Supreme Court as the Special Leave Petitions filed by the appellant-University have been dismissed. They submitted that the University took up the matter by collecting the information of the respondents- petitioners for regularization, but the same has not been culminated into the orders passed for regularization in their cases. Learned counsel have relied upon the judgments passed by this Court for extending the similar benefits in their cases. They also relied upon the judgments of Hon'ble Supreme Court in the cases of Narendra Kumar Tiwari and Ors. vs. State of Jharkhand & Ors. AIR 2018 SC 358, Vice Chancellor, Lucknow University, Lucknow, Uttar Pradesh vs. Akhilesh Kumar Khare and Anr. AIR 2015 SC 347, ONGC Ltd. vs. Petroleum Coal Labour Union and Ors. AIR 2015 SCW 2866, Amarkant Rai vs. State of Bihar AIR 2015 SC (supp.) 1229, Sheo Narian Nagar and Ors. vs. State of Uttar Pradesh and Anr. AIR 2018 SC 233.
We have heard learned counsel for the parties, considered the submissions made at the Bar and have gone through the pleadings, written submissions as well as the judgments relied upon by the counsel for the parties.
The admitted facts in the present case are that appellant - (Jodhpur University, erstwhile) now Jai Narayan Vyas University, Jodhpur was established in the year 1962 and even today thousands of students are enrolled and undergoing studies in different disciplines. The respondents-petitioners were appointed on different posts as mentioned above on different dates and they are still serving the appellant-University till date. Most of the respondents-petitioners have rendered almost 15-30 years of service. It is also worth noticing that services of some of the similarly situated employees were regularized by the University in the year 1999. Since the University itself had taken up the cases for regularization of some of the employees on its own, therefore, there is no reason for the appellant-University in not extending the same benefit in the case of respondents-petitioners. We also note that the respondents-petitioners are serving the appellant- University for a considerable period of time (almost 15-30 years) and the sword of uncertainty cannot be allowed to hang on their head.(Downloaded on 09/02/2024 at 09:03:08 PM)
[2024:RJ-JD:3400] (21 of 25) [WCP-308/2022] The learned counsel for the appellant-University failed to distinguish the case of the present respondents- petitioners from the cases of the persons in whose favour, the judgments have been rendered by this Court and against the said judgments, Special Leave Petitions have also been rejected by Hon'ble the Supreme Court. It is also noticed that the submissions made by learned counsel for the appellant-University were already taken note of by this Court in the earlier judgments and, therefore, there is no reason for us to take a different view in the present batch of appeals. The learned Single Judge rightly held that the respondents-petitioners are entitled to the same relief as extended in favour of Jitendra Kumar and Ors.
Learned counsel for the appellant-University submitted that there is no direct relationship between the respondents-petitioners and the University. It is noticed that the respondents-petitioners are directly serving under the University administration and they are directly under the command and control of the appellant-University. The continuance of respondents-petitioners in service for a period of 15-30 years shows the perennial nature of work and since there are no complaints/adverse remarks pointed out by the appellant-University against respondents- petitioners, it can be deemed that the services rendered by the respondents-petitioners are satisfactory. Thus, we are of the view that even as per the judgment of the Constitution Bench of the Hon'ble Supreme Court in the case of Secretary, State of Karnataka & Ors. vs. Uma Devi & Ors. reported in AIR 2006 SC 1806, the services of the respondents-petitioners are liable to be regularized.
As far as the argument with respect to the number of persons working in the University on contractual/daily wage basis is outnumbering the sanctioned posts in the University is concerned, Mr. Singh frankly submitted that services of the respondents-petitioners are being utilized by them without an exception which shows that there is sufficient amount of work to justify the appointment of the respondents-petitioners.
On a pointed query being raised to the counsel for the appellant, he submitted that no disciplinary proceeding is pending against any of the respondents-petitioners and their conduct is found to be satisfactory.
The argument of the learned counsel for the appellant-University of non-joinder of the State of Rajasthan as party respondent is noted to be rejected for the reason that in some of the cases, the State of Rajasthan has been arrayed as respondent. Even otherwise, it is the responsibility of the appellant-University to take necessary sanction/clearance from the State of Rajasthan for regularization of the respondents-petitioners as their services are being utilized in the University for almost 2-3 decades. The judgments relied upon by the learned counsel are clearly distinguishable on the facts of the present case as the similarly situated persons have been regularized by the University and in other cases, this (Downloaded on 09/02/2024 at 09:03:08 PM) [2024:RJ-JD:3400] (22 of 25) [WCP-308/2022] Court has already pronounced the judgments by various orders which have been affirmed by the Division Bench and also by the Hon'ble Supreme Court.
The Hon'ble Supreme Court in State of Uttar Pradesh v. Arvind Kumar Srivastava (2015) 1 SCC 347 was pleased to observed as under :-
22.1. The normal Rule is that when a particular set of employees is given relief by the court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly.
Therefore, the normal Rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.
22.2. However, this principle is subject to well recognised exceptions in the form of laches and delays as well as acquiescence. Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their conterparts who had approached the court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them. They would be treated as fence-sitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim.
22.3. However, this exception may not apply in those cases where the judgment pronounced by the court was judgment in rem with intention to give benefit to all similarly situated persons, whether they approached the court or not. With such a pronouncement the obligation is cast upon the authorities to itself extend the benefit thereof to all similarly situated persons. Such a situation can occur when the subject- matter of the decision touches upon the policy matters, like scheme of regularization."
We are also of the view that since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents-petitioners on its own and as a model employer if a judgment has been pronounced by a Court of law, then the persons who are similarly situated and working in the organization should not be dragged in (Downloaded on 09/02/2024 at 09:03:08 PM) [2024:RJ-JD:3400] (23 of 25) [WCP-308/2022] the Courts of law by not extending the same benefits as the employer is under an obligation to extend the same benefit to those persons who have not even approached the Court of law.
Our opinion in the preceding para is fortified by the observations of Hon'ble the Supreme Court in somewhat similar case titled as Vice Chancellor, Anand Agriculture University vs. Kanubhai Nanubhai Vaghela & Ors. (Civil Appeal No. 4443 of 2021) decided on 26.07.2021 has also held as under:-
13. By an order dated 17.10.2011, persons similarly situated to the Respondents were absorbed by being given the benefit of regularization. The Division Bench of the High Court has taken note of the discriminatory approach of the university in conferring the benefit of regularization to some and not to all those daily wagers who are eligible. There is no error in the judgment of the High Court which warrants interference by this Court. Eligible daily wagers in accordance with the scheme have been eagerly awaiting regularization as per the judgment of this Court in Gujarat Agricultural University's case (supra). The right of the Respondents for regularization has been correctly recognized by the High Court.
In view of the discussions made above, we find no infirmity in the orders passed by the learned Single Benches. The appeals, being bereft of merit, are hereby dismissed."
3. Mr. Deepesh Singh Beniwal, learned counsel appearing on behalf of respondent-University further submits that the Hon'ble Apex Court in Special Leave Petition (Civil) Nos.1389-1491/2022, without granting any indulgence on the issue of regularization, has modified the order to the extent that past three years' financial benefits be given.
3.1 Mr. Beniwal, further submits that while the major compliance has been made, the rest of the issues are factually contentious, and thus, the respondents be given an opportunity to decide the other remaining issues, while giving liberty to the petitioners to contest the same to avoid any kind of determination of factual matrix in limited contempt jurisdiction.
(Downloaded on 09/02/2024 at 09:03:08 PM)[2024:RJ-JD:3400] (24 of 25) [WCP-308/2022] 3.2. Learned counsel makes a statement that the process of regularization of 108 employees out of 109 employees has already been completed, and the only person so left out, has sought compassionate appointment.
3.3. Learned counsel further submits that the proposal of the financial benefits is pending with the State and shall be completed in a time bound manner.
4. At this stage, learned counsel for the petitioners submit that there are more than 10 persons, who are having difficulty regarding the posts in the question, as they have been regularized on posts, nomenclature whereof is lower than the posts, they were entitled to get.
4.1. Learned counsel further submits that there are other issues also which will remain alive in the matter, and therefore, the respondents need to be directed to duly address those issues, if raised.
4.2. Learned counsel for the petitioner also submit that this Court had issued directions to submit the representations, in case, any issue(s) survives and such representations have already been submitted.
5. Heard learned counsel for the parties as well as perused the record of the case.
6. This Court finds that the substantial compliance of the directions regarding the regularization has been made as the petitioners have been given appointment. However, there are certain other issues like posts in question, nomenclature of their (Downloaded on 09/02/2024 at 09:03:08 PM) [2024:RJ-JD:3400] (25 of 25) [WCP-308/2022] serving posts, eligibility qualifications and the other essentials of appointments including computation and payment of the amount as directed by the Hon'ble Apex Court for which a fact determining exercise is called for by the respondents.
7. While, there are myriad issues, which have cropped up between the petitioners and the respondent-University, which include eligibility, post, durations and other facts, for which, this Court restrains itself from making any further adjudication in the present contempt petitions, and thus, the contempt petitions are disposed of with the following directions:
i. The petitioners shall make representations with all their remaining grievances within a period of 45 days from today.
ii. It is directed that such representations received within 45 days from today by the respondent-University shall be decided by a speaking order within a period of 60 days thereafter.
iii. All due payment as computed shall be paid within a period of four months from today.
iv. The petitioners shall have liberty to approach this Court again in the contempt jurisdiction or in the writ jurisdiction afresh strictly in accordance with law, if the necessity so arises.
(DR.PUSHPENDRA SINGH BHATI), J.
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