S.K. Kumbhaj (Dr.) Vs. University of Rajasthan and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/766745
SubjectService;Constitution
CourtRajasthan High Court
Decided OnMay-09-2005
Case NumberS.B. Civil Writ Petition No. 2692 of 1998
Judge Ashok Parihar, J.
Reported inRLW2006(1)Raj89; 2005(3)WLC542
ActsUniversity of Rajasthan Act, 1946 - Sections 2; University of Rajasthan (Amendment) Act, 1984; Rajasthan Universities' Teachers and Officers (Selection for Appointment) Act of 1947 - Sections 4, 4(1) and 4(3); University of Rajasthan Act, 1974 - Sections 3, 5, 5(1), 5(2), 5(7), 10, 11 and 18(1); University of Rajasthan Rules - Rules 3(3) and 11; Constitution of India - Articles 14 and 16
AppellantS.K. Kumbhaj (Dr.)
RespondentUniversity of Rajasthan and ors.
Appellant Advocate Rajendra Soni, Adv.; M. Rafiq, Additional Adv. General
Respondent Advocate A.K. Sharma and; G.K. Garg, Advs.
DispositionPetition allowed
Excerpt:
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- - it's like the proverbial 'survival of the fittest. --i) by issuing an appropriate writ, order or direction to the respondents to quash and set aside the impugned ordinances dated 27.12.96 and dated 13.10.97 in so far as it relates to taking away even the meagre chances of promotion/selection on the post of professor to the associate professor like the petitioner under section11 of the act of 1974 under the alternate personal promotion scheme provided due to the reason that year to year selections were not going to be made due to non constitution of the selection committees for regular promotions under section 5 of the act of 1974 and even the alternate personal promotion under rule 11 has been taken away by the aforesaid ordinance may be declared arbitrary and discriminatory and.....
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ashok parihar, j.1. education, as the rest of the civilised world knows, is the surest way of eradicating the social and economic evils that plague our society. without education democracy loses its meaning, efficacy and aspirations. india's economic progress during the last 55 years of independence has been crippled by the successive governments' dismal performance to provide free and universal education. being a long term investment, education, as an agenda, has never found favour with any of the political parties who, on the other hand, give a false priority to short term populist policies of subsidies and reservations to enrich their vote-banks. today, among almost all classes education is a burning issue. no home is silent these days when education comes up as a topic of.....
Judgment:

Ashok Parihar, J.

1. Education, as the rest of the civilised world knows, is the surest way of eradicating the social and economic evils that plague our society. Without education democracy loses its meaning, efficacy and aspirations. India's economic progress during the last 55 years of independence has been crippled by the successive governments' dismal performance to provide free and universal education. Being a long term investment, education, as an agenda, has never found favour with any of the political parties who, on the other hand, give a false priority to short term populist policies of subsidies and reservations to enrich their vote-banks. Today, among almost all classes education is a burning issue. No home is silent these days when education comes up as a topic of conversation. In any highly competitive environment, education is the beginning and end of all families existence; it's like the proverbial 'survival of the fittest.' If you are not educated or are even semi- literate, you are doomed. And, only half knowledge is worse than being totally illiterate. We fret and talk ourselves blue in the face about the abyssmal state of education in India. Talking does not necessarily bring about change, action does, but at least it could be a start. Therefore, action is the crying need of the hour. Positive action that will put our education system back on the rails and take the right direction.

2. University of Rajasthan having been among top five Universities in the country at given time. Top academicians and educationists in different faculties had the privilege of teaching in this Institution. Students coming out of this University have adorned some very high offices in different fields throughout the country, however; with .the degeneration started, the University of Rajasthan now appears to be grasping for its last breath. The University has now become field of dirty politics among teachers and the students. Having such glorious glooming past, realising the blooming dark clouds, the petitioners have knocked the doors of the Court with the following prayers:--

i) by issuing an appropriate writ, order or direction to the respondents to quash and set aside the impugned ordinances dated 27.12.96 and dated 13.10.97 in so far as it relates to taking away even the meagre chances of promotion/selection on the post of Professor to the Associate Professor like the petitioner under Section11 of the Act of 1974 under the alternate Personal Promotion Scheme provided due to the reason that year to year selections were not going to be made due to non constitution of the selection committees for regular promotions under Section 5 of the Act of 1974 and even the alternate Personal Promotion under Rule 11 has been taken away by the aforesaid Ordinance may be declared arbitrary and discriminatory and violative of Article 14 and 16 of the Constitution of India.

ii) By an another appropriate writ, order or direction stagnancy on the post of Associate professor (Reader) without giving any promotion son the post of Professors although more than 68 posts out of 80 posts are lying vacant be also declared arbitrary and discriminatory being in clear contravention of the verdict of Hon'ble the Supreme Court as laid down in : (1988)IILLJ209SC and : (1990)ILLJ246SC and it may kindly be declared that at least a Reader has a right of selection/promotion on the post of Professor against the vacant posts.

iii) By an another appropriate writ, order or direction the action of the respondents in giving appointment/promotion/selection on the post of professor by picking and choosing under Rule 3(3) of the Act of 1974 be also declared arbitrary and discriminatory as the petitioner who is fully eligible to be promoted/selected even as per Rule 3(3) on the post of Professor has not been appointed/selected/promoted whereas other persons like Dr. S.K. Uppadhaya and Smt. Kalawati Prakash has been appointed/promoted on the post of Professor and the petitioner be at least be promoted/appointed on the post of Professor as per decision of Syndicate dated 20.9.97 and not giving appointment/promotion/selection to the petitioner on the post of Professor and taking decision for promotion two other persons be also declared arbitrary and discriminatory and the petitioner be promoted on the post of Professor at least under Rule 3(3) from the date the persons has been so promoted/appointed/selected.

iv) By another appropriate writ, order or direction to the respondents to fill up the 75 regular posts out of 80 existing posts of Professors as out of 80 existing posts of Professor only 5 regularly selected Professors are working and rest are lying vacant without any reason and rhyme and the respondents be directed to make selection/appointment/promotion on the post of Professor either by the selection committee under Section 5 or under Section 11 or under Rule 3 (3) and all posts of Professors be ordered to be filled in for good functioning of the University and for the betterment of the students and ' to remove stagnancy in promotions from the post of Associate Professors (Readers) so to generate efficiency and excellency in service as the stagnancy kills the desired to serve properly as hold by the Hon'ble Supreme Court reported in : (1988)IILLJ209SC .

(Names mentioned in the prayers may be different in all the petitions).

3. Before dealing with the facts, it will be appropriate to refer to the relevant provisions of the Act and the Ordinances governing teaching staff of the University. Section 2 of the University of Rajasthan Act, 1946 (hereinafter to be referred to as the Act of 1946) provides for definitions. Other relevant provisions are reproduced here as under:-

The University

3. (1).The First Chancellor the first Pro-Chancellor and the first Vice-Chancellor of the University and the first members of the Senate, the Syndicate and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, will constitute a body corporate by the name of 'The University of Rajasthan'

(2) The University shall have perpetual succession and a Common Seal and shall sue and be sued by the said name.

Power of University

4. The University shall have the following powers, namely:--

(1) to provide for instruction in such branches of learning as the University may think fit and to make provision for research and for the advancement and dissemination of knowledge;

(1A) to make such provisions as would enable affiliated colleges and approved institutions to undertake specialisation of studies and to organise common laboratories, libraries, museums and other equipment for teaching, instructions, training and research;

(1B) to establish, maintain and manage colleges, departments and institutes for research or specialised studies;

(2) to hold examinations and to confer degrees and other academic distinctions upon--

(a) persons who have pursued a course of study in the University or its affiliated colleges or approved institutions and appear at and pass the examinations of the University under conditions laid down in the Ordinances and Regulations;

(b) persons who have not pursued a course of study in the University or its affiliated colleges or approved institutions, but appear at and pass the examinations of the University as non- collegiate students under such conditions as may be prescribed by the University from time to time:

Provided that such students have been residing within the State of Rajasthan for such period as may be prescribed by the University in the Ordinances and Regulations.(c) Omitted.

(3) to confer honorary degrees or other distinctions on approved persons in the manner laid down in the Statues;

(4) to confer degrees, diplomas and other academic distinctions on and to provide teaching, instruction and training for external students in the manner prescribed by the Statues, Ordinances and Regulations;

(4A) to admit colleges and institutions to the privileges of the University and to withdraw such privileges;

(5) to institute professorships, readerships and any other teaching posts required by the University;

(6) to appoint persons as professors, readers or otherwise as University teachers;

(7) to inspect affiliated colleges and approved institutions and to take measures to ensure that proper standards of teaching, instruction and training are maintained by them;

(8) to supervise and control the residence and discipline of students of the University and to make arrangements for promoting their health and general welfare;

(9) omitted.

(10) to institute and award scholarships and other benefits in accordance with the Statutes and the Regulations;

(11) to demand and receive payment of such fees and other charges as may be authorised by the Ordinances;

(12) to make grants from the funds of the University for assistance to extramural teaching;

(13) to establish and administer a University Officers' Training Corps;

(14) to co-operate with other universities and authorities in such manner and for such purposes as the University may determine; and

(15) to do all such other acts, whether incidental to the powers aforesaid of not, as may be requisite in order to further the objects of the University as an educational body and to cultivate and promote the arts, science and other branches of learning.

Officers of the University

9. The following shall be the Officers of the University:--

(i) The Chancellor,

(ii) The Vice-Chancellor,

(ii-a) The Pro-Vice-Chancellor,

(iii) The Registrar,

(iv) The Deans of the Faculties

(v) The University Librarian, and

(vi) Such other persons in the service of the University as may be declared by the Statues to be the Officers of the University.

The Chancellor

10. (1) The Governor of Rajasthan shall be the Chancellor of the University and shall, by virtue of his office, be the Head of the University.

(2) The Chancellor shall, when present, preside at the Convocations of the University.

(2A) The Chancellor shall, by virtue of his office, be the Chairman of the Senate and as such shall, when present, preside at the meetings thereof.

(3) The Chancellor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings and equipments and any institution associated with it and of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University. The Chancellor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented thereat.

(4) The Chancellor may address the Vice-Chancellor with reference to the results of such inspection or inquiry and the Vice-Chancellor shall communicate to the Syndicate the views of the Chancellor and advise the Syndicate upon the action to be taken.

(5) The Syndicate shall report to the Vice-Chancellor for communication to the Chancellor, such action, if any, as it is proposed to take or has taken upon the result of such inspection or inquiry.

(6) Confirmation of the making, repeal or alteration of Statutes rests with the Chancellor.

(7) The Chancellor shall have such other powers as may be conferred on him by this Act or the Statues.

The Vice-Chancellor

12. (1) The Vice-Chancellor shall be a whole-time paid Officer of the University and shall be appointed by the Chancellor upon the recommendation of a Selection Committee consisting of the following, namely:-

(i) a person nominated by the Syndicate not connected with the University or any affiliated college or approved institution.

(ii) a person nominated by the Chairman, University Grants Commission, and

(iii) an educationist nominated by the Chancellor and the Chancellor shall appoint one of these three persons as the Chairman of the Committee.

(2) The. emoluments and other conditions of service of the Vice-Chancellor shall be such as may be prescribed by the Statutes and shall not be varied to his disadvantage after his appointment.

Provided that the present Vice-Chancellor shall continue to be governed by the existing terms and conditions till his present term is over.

(3) The Vice-Chancellor shall hold office for a period of three years and will be eligible for re-appointment for a second term and such re-appointment shall be made upon the recommendation of the Selection Committee referred to in Sub-section (1) :

Provided that no person shall hold the office of the Vice- Chancellor for more than two terms.

(4) The Vice-Chancellor may, at any time, relinquish office by submitting, not less than 60 days in advance of the date on which he wishes to be relieved, his resignation to the Chancellor.

(5) Such resignation shall take effect from the date determined by the Chancellor and conveyed to the Vice-Chancellor.

(6) When a vacancy occurs or is likely to occur in the office of the Vice-Chancellor by reason of leave or any other cause, not being the expiry of term of the incumbent, such vacancy shall be filled, as far as may be, in accordance with the provision of Sub-section (7).

(7) When a temporary vacancy in the office of the Vice- Chancellor occurs by reason of leave, illness or otherwise, the Pro-Vice-Chancellor shall carry on the office of the Vice- Chancellor. Where, however, there is no Pro-Vice-Chancellor or he is also temporarily absent, the Syndicate shall forthwith report the same to the Chancellor who shall make such arrangements for carrying on the office of the Vice-Chancellor as he may deem fit.

(8) the term of the office of the Vice-Chancellor shall commence with effect from the date of joining the duties of his office.

Powers and duties of the Vice-Chancellor

13. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University. He shall, in the absence of the Chancellor, preside at any Convocation of the University. He shall be the ex-officio Chairman of the Senate the Syndicate and the Academic Council and of any board or committee of which he is a member. He shall be entitled to be present and to speak at any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member.

(2) It shall be duty of the Vice-Chancellor to see that this Act, the Statutes and the Ordinances are faithfully observed and he shall have all powers necessary for this purpose.

(3) He shall have power to convene meetings of the Senate, the Syndicate and the Academic Council and joint meetings of Faculties.

(4) (a) He may take action in any emergency which, in his opinion, calls for immediate action. He shall, in such a case and as soon as may be thereafter, report his action to the officer, authority or other body who or which would ordinarily have dealt with the matter.

(b) When action taken by the Vice-Chancellor under Clause (a) affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Syndicate within fifteen days from the date on which such action is communicated to him.

(5) He shall give effect to any order of the Syndicate regarding the appointment, dismissal or suspension of an officer or teacher of the University.

(6) He shall exercise general control in the University and all powers of discipline shall be vested in him.

(7) He shall exercise such other powers as may be prescribed by the Statutes and the Ordinances.

Authorities of the University

17. The following shall be the authorities of the University, namely:-

(i) the senate,

(ii) the Syndicate,

(iii) the Academic Council,

(iv) The Faculties,

(v) the Boards of Studies,

(vi) the Board of Inspection, and

(vii) such other bodies of the University as may be declared by the Statutes to be the authorities of the University.

Meetings of the Senate

19. (1) The Senate shall, on a date to be fixed by the Vice-Chancellor, meet once a year at a meeting to be called the annual meeting of the Senate.

(2) The Vice-Chancellor may, whenever he thinks fit and shall upon a requisition in writing signed by not less than twenty-five members of the Senate, convene a special meeting of the Senate.

Functions of the Senate

20. Subject to the provisions of this Act, the Senate shall perform the following functions :

(a) of making Statutes and of amending and repealing Senates, subject to confirmation by the Chancellor;

(b) of considering and cancelling Ordinances; and

(c) of considering and passing resolutions on the annual report, the annual accounts and the financial estimates; and, shall perform such other functions as may be defined by this Act or the Statutes.

Syndicate

21. (1) The syndicate shall be the executive body of the University and shall consist of the following persons, namely:--

(i) Vice-Chancellor;

(ii) Pro-Vice-Chancellor;

(iii) two persons nominated by the Vice-Chancellor from amongst the Deans of Faculties;

(iv) two University Professors nominated by the Vice- Chancellor other than Deans;

(v) one educationist nominated by the Chancellor;

(vi) two Principals to be nominated by the State Government;

(vii) Director, College Education, Rajasthan;

(viii) two persons to be nominated by the State Government;

(ix) two teachers, who have put in not less than seven years teaching experience in the institutions of higher education in Rajasthan on 1st January immediately preceding the year in which elections are held, other than University Professors, Deans, Principals of affiliated/constituent colleges, to be elected by the teachers separately from amongst themselves as below:

(a) one teacher to be elected from amongst themselves by the teachers of the University teaching departments and constituent colleges;

(b) one teacher to be elected from amongst themselves by the teachers of the affiliated colleges;

(x) two members of the State Legislature to be nominated by the State Government;

(xi) (a) one person elected by the Senate from amongst the students of the University teaching departments and constituent colleges who are elected as 'other members' of the Senate under Clause (xxviii) of sub-division III of Sub-section (1) of Section 18 and the ex-officio member of the Senate under Clause (xiii-A) of sub-division I of Sub-section (1) of the said section;

(b) one person elected by the Senate from amongst the students of all affiliated colleges who are elected as 'other members' of the Senate under Clause (xxviii) of sub-division III of Sub-section (1) of Section 18.

Explanation : The student members elected under Clause (xi) shall not be associated with the-

(a) appointment of examiners;

(b) finance;

(c) selection of the employees of the University.

(2) The members of the Syndicate, other than the Vice- Chancellor and, the Director, College Education shall hold office for a period of three years from the date of their nomination or election, as the case may be.

Syndicate-Functions

22. Subject to such conditions as may be prescribed by or under the provisions of this Act, the Syndicate shall exercise the following powers and perform the following functions, namely:--

(a) to make, amend and cancel Ordinances;

(b) to hold, control and administer property and funds of the University;

(c) to accept, on behalf of the University, donations, bequests or transfer of movable or immovable property;

(d) to administer any funds or resources placed at the disposal of the University for specific purposes;

(e) to invest moneys belonging to the University,

(f) to enter into, vary, carry out, confirm and cancel contracts on behalf of the University;

(ff) on the security of the property of the University or on any other security and subject to the prior concurrence of the State Government, to borrow money or raise public loans for the purpose of the University;

(g) subject to the provisions of this Act and the Statutes, to appoint officers (other than the Chancellor, Vice-Chancellor and Deans of Faculties), teachers and to define their duties emoluments and conditions of service;

(h) to determine the form, provide for the custody and regulate the use of the common seal of the University;

(i) Subject to the Statutes, to inspect and to affiliate, recognise or approve colleges and hostels or institutions and to withdraw affiliation, recognition or approval from them;

(j) to arrange for the holding of examinations and publishing results thereof;

(k) to maintain proper standards of teaching and examination in consultation with the Academic Council; and

(1) to recommend minimum scales of salaries of teachers in colleges.

4. Service conditions of the teachers and officers of the University are governed by the Rajasthan Universities' Teachers and Officers (Selection for Appointment) Act of 1947. Relevant provisions are reproduced here asunder:-

13. Restrictions on appointment of teachers and officers--

(1) Notwithstanding anything contained in the relevant law, as from the commencement of this Act, no teacher and no officer in any University in Rajasthan shall be appointed except on the recommendations of the Selection Committee constituted under Section 4.

(2) Save as otherwise provided in Sub-section (3), every appointment of a teacher or of an officer in any University made in contravention of Sub-section (1) shall be null and void.

(3) Nothing herein contained shall apply to the appointment of a teacher or an officer as a stop-gap arrangement for a period not exceeding one year or to the appointment of a part-time teacher or of a teacher or officer in the pay scale lower than that of Lecturer or Asstt. Registrar respectively.

Explanation--

The expression 'appointed' in Sub-section (1) shall mean appointed initially and not appointed by way of promotion.

5. Constitution of Selection Committee--

(1) For every selection of a teacher or of an officer in a University, there shall be constituted a committee consisting of the following:--

(1) Vice-Chancellor of the University concerned, who shall be the Chairman of the committee;

(ii) an eminent educationist to be nominated by the Chancellor for a period of one year.

(iii) an eminent educationist to be nominated by the State Government for a period of one year;

(iv) one member of the Syndicate to be nominated by the State Government for a period of one year; and

(v) such other persons as members specified in column 2 of the Schedule for the selection of the teachers and officers mentioned in column 1 thereof:

Provided that where the appointment of a teacher is to be made in the Faculty of Agriculture in any University or in any University College imparting instruction and guiding research in agriculture, there shall be one more expert to be nominated by the Syndicate out of a panel of names recommended by the Indian Council of Agriculture Research:

Provided further that the selection committee for teaching posts in . the Faculty of Engineering and Technology shall also include an expert to be nominated by the Syndicate out of a panel of names recommended by the All India Council of Technical Education.

(2) The eminent educationists nominated under Clause (ii) and Clause (iii) of Sub-section (1) and the member of the Syndicate nominated under Clause (iv) of the said Sub-section shall be members of every selection committee constituted during the course of one year from the date of his nomination:

Provided that the member of a Selection Committee nominated under Clauses (ii), (iii) or (iv) of Sub-section (1) shall continue to be member of every Selection Committee even after expiry of his term until a fresh nomination is made by the Chancellor or, as the case may be, by the State Government subject however, that fresh nomination of such member for Selection Committee shall be made within a period not exceeding three months from the date of expiry Of his term.

(3) No person shall be eligible to be nominated as an expert on any selection committee in any one year if he has been a member of any two selection committees during the course of the same year.

6 Procedure of Selection Committee

(1) The quorum required for the meeting of the selection committee constituted under Section 5 shall not be less than five, out of which at least two shall be experts, if the selection to be made is for the post of Professor or Reader and at least one shall be expert, if the selection to be made is for the post of a Lecturer, or any other post of a teacher equivalent thereto. The quorum required for the meeting of a selection committee for the selection of non-teaching posts shall be not less than one-half of the number of members of the selection committee, out of which at least one shall be an expert.

(2) The selection committee shall make its recommendations to the Syndicate. If the Syndicate disapproves the recommendations of the selection committee, the Vice-Chancellor of the University concerned shall submit such recommendations along with reasons for disapproval given by the Syndicate to the Chancellor for his consideration and the decision of the Chancellor thereon shall be final.

(3) Every selection committee shall be bound by the qualifications laid down in the relevant law of the University concerned for the post of a teacher or as the case may be, of an officer.

(4) The Selection Committee, while making its recommendations to the Syndicate under Sub-section (2), shall prepare a list of candidates selected by it in order of merit and shall further prepare a reserve list in the same order and to the extent of 50% of the vacancies on the posts of teachers or officers for which the Selection Committee was constituted under Sub-section (1) of Section 5 and shall forward the main list and the reserve list along with its recommendations to the Syndicate;

10. Reservation of posts

Notwithstanding anything contained in the relevant law, as from the date of commencement of the Rajasthan Universities. Teachers and Officers (Special Conditions of Service) (Amendment) Act 1984, there shall be reserved by the University concerned, 16% posts for Scheduled Castes and 12% posts for Scheduled Tribes candidates for appointment to the posts of teachers and officers to be appointed in the University in pursuance of every selection made under this Act.

Provided that if, in any selection, persons belonging to such castes or such tribes are not appointed in such percentage as is provided for in this selection whether by reason of their not having applied for selection or by reason of their not having been selected, the number of posts by which such percentage falls short shall be carried forward upto a maximum period of three years.

13. Power to make rules

The Syndicate of the University concerned may make rules for carrying out the provisions of this Act except the provisions contained in Section 11.

(Section 11 in regard to personal promotion against ex- cadre post has so far been deleted and the similar benefit has not been given under Career Advancement Scheme framed by the University Grants Commission).

5. The facts, as have come on record in black and white as per affidavits filed on behalf of the University (in view of the directions issued by this Court), are astonishing and baffling. Admittedly, there are no provisions for promotion from the post of Assistant Professor to the post of Associate Professor and then to further the post of Professor. All appointments are to be made by way of selection on each post. Admittedly, no direct recruitment and regular appointment as per the provisions of the Act of 1974 have been made on any of the posts of Professor, Associate Professor and Assistant Professor since 1989-90. Total sanctioned strength of each category i.e., Professor, Associate Professor and Assistant Professor is 61, 135 and 703 respectively, whereas, only 5 Professors and 38 Associate Professors are working our have been appointed after due selection on regular basis. The category of Assistant Professors gives an absolutely bleak picture. Out of 703 Assistant Professor none is working on regular basis after due selection. However, as per statement submitted on behalf of the University, there are 287 ad hoc temporary Assistant Professors working in the University.

6. Mr. A.K. Sharma and Mr. G.K. Garg, learned Counsel appearing on behalf of the University, with all fairness, on the basis of the record, submitted that regular selections could not be made since 1989 for one reason or the other. Apart from gross irregularities committed by the then administration of the University, initially there have been a consecutive pressing demand of ad hoc temporary teachers for regularisation. It has also been submitted that some times due to non-availability of the members of the selection committee the process of selection could not be initiated. Lastly, with great emphasis, it has been submitted that because of Memorandum of Understanding with the State Government, there have been restrictions on regular appointments of teachers in the University. Mr. A.K. Sharma, half-heartedly also referred to some interim orders passed by this Court in cases regarding ad hoc temporary teachers. It has also been submitted that with the lapse of time since the petitioners now cannot be given any personal relief, it will only be of academic exercise. Some references to Career Advancement Scheme, as framed by the University Grants Commission have also been made with the submission that now the teachers should not make any grievance since they have an opportunity of personal promotion.

7. Mr. Rajendra Soni, learned Counsel for the petitioners, on the other hand, with all vehemence, refuted the submissions made by learned Counsel for the University. It has been submitted that petitioners may not get any personal relief now, however, if the things would have been done in time strictly in accordance with law, the benefit could be received by them as well. Be that as it may, since all the facts have come on record in regard to sheer irregularities and mis-deeds committed by the University authorities and the State Government, the Court should not shut its eyes and must pass necessary directions not only in the interest of the Institution but also the entire teaching staff and the students at large. Mr. Soni also submitted that the University authorities are misleading and totally misinterpreting the interim orders passed by this Court. Only certain rights of the ad hoc temporary teaching staff have been protected only to the extent of minimum salary and continuing their services till regular selections are made.

8. Mr. M. Rafiq, learned Additional Advocate General, appearing on behalf of the State of Rajasthan, however, gives a different picture of the situation. It has been submitted that because of great irregularities committed by the University authorities and grave financial crisis a Memorandum of Understanding has been arrived at to bring out the University out of financial crisis. Under such circumstances, restrictions have been imposed on making regular selections. It has also been submitted that as per the recommendations of the Committee so appointed by the State Government there is also a proposal for reducing the sanctioned strength of teaching staff of the University. It has further been submitted that matter in regard to regularisation of ad hoc temporary teaching staff is under serious consideration of the State Government.

9. Apart from submissions made by counsel for the University, the stand taken by the State Government is also an eye opener. It appears that without properly examining the legal aspects and consequences the State Government is now sitting in the driving seat. It seems to be a glaring example where autonomy of such pious institution can be bought, pledged and controlled under the threat of financial assistance. Mr. Rafiq, learned Additional Advocate General, could not show any provision under the Act or any Ordinance wherein Vice-Chancellor could be forced to sign a Memorandum of Understanding with the State Government imposing such restrictions. As per the provisions of the act referred and reproduced above, all financial decisions, agreements and sanction of strength could be taken only by the Syndicate or the Senate. That apart, even otherwise, Memorandum of Understanding as referred to above, has been only for a limited period. There is no explanation whatsoever as to what prevented the University authorities to act in accordance with law thereafter. Nothing has been placed on record to show as to whether any such Memorandum of Understanding has ever been approved by the Syndicate or the Senate.

10. Mr. Rafiq also could not satisfy the Court as to how the State Government can control the service conditions of the University teaching staff. Ad hoc temporary appointments could be made only under Section3(iii) of the Act of 1974 under certain circumstances for a limited period, however, in the present case, all the ad hoc temporary appointments have been made absolutely de hors the rules. Such backdoor entries can never be regularised. As has also been submitted by counsel for the petitioners many of the ad hoc temporary teaching staff were not even having minimum qualifications and experience requires at the time of their such appointments. The Supreme Court and the High Courts have time and again strongly deprecated the practice of ad hoc temporary appointments made de hors the rules apart from demand of regularisation of such irregular appointments. Admittedly, none of the ad hoc temporary appointments have been made as per the rules.

11. That apart, by making such ad hoc temporary appointments reservations for SC/ST as per Section 10 of the Act of 1974 have not at all been adhered to. As per the details furnished by the University, only two persons; one each from SC and ST category have been appointed on ad hoc temporary basis on the post of Assistant Professor out of total 287 such appointments. Under such circumstances, it is not known as to how such 287 ad hoc temporary appointments can be regularised ignoring the statutory reservation made for SC/ST and other classes, if any, more particularly, in view of the clear directions of the Governor and the Chancellor of the University in his letter dated 8.7.1998, in which, apart from directing the authorities to strictly adhere to the reservation policy, directions for proceeding with the recruitment swiftly have also been issued. Thus, it will be in gross violation of not only the provisions and mandate of the Constitution of India but also the Act of 1974 in the present case. If the State Government, the University authorities including the Senate and the Syndicate succumb to any pressure of such ad hoc temporary teachers, the day shall be the darkest day for the institution which makes the future of a country. Some chosen few managing to get ad hoc temporary appointments cannot be allowed to put at ransom hundred and thousands of new aspirants who might be more qualified and experienced in last more than 15 years.

12. Ad hoc temporary teachers cannot pull balance of equity in their favour since principles of equity are also not applicable in the present matter where ad hoc temporary appointments were itself totally de hors the rules. It is for the selection committee and the University authorities to give age relaxation of such teachers and also fix a criteria to give some reasonable weight age to their past experience while making regular selections to the posts in question. The Hon'ble Supreme Court has rejected the plea of such ad hoc temporary employees that they shall not be able to complete with fresh candidates after lapse of certain period. In all eventuality, they have to face regular selections in accordance with law.

13. Thus, in view of the clear provisions in regard to regulating the service conditions of teaching staff of the University under the Act of 1974,1 find no justification or satisfactory explanation whatsoever for not holding regular selections for last more than 15 years. Non-availability of the members of the selection committee is thus a lame excuse. At no point of time in last 15 years even initiation was made to hold regular selections. As has been referred above, no shelter can also be taken of the interim orders passed by the Courts as the same were only to the limited extent. There appears to be a sheer apathy, inaction and lack of will, zeal and vision.

14. The Career Advancement Scheme as framed by the University Grants Commission is altogether in a different context, however, it no where debars regular selections on the posts in question. Further more, the benefit under the Career Advancement Scheme can only be extended to regular teaching staff. When there are no regular selections and appointments to the teaching staff, the benefits of the said Scheme are of no avail.

15. Reference made by Mr. Rafiq, learned Additional Advocate General, in regard to reducing the sanctioned strength is also contradictory in itself. There is no role of the State Government in fixing the strength of the teaching staff since the entire powers in regard to increasing and reducing the sanctioned strength vests with the Syndicate. That apart, as per the details furnished, the number of students admitted in different faculties are increasing every year. Thus, there is no occasion of reducing the sanctioned strength of the teaching staff. If there is an earnest will and vision finances can always be generated by the University with the assistance of the State Government and other agencies.

16. The matter is not only of academic exercise or to that no relief could be given to the petitioners. Apart from prayers already made in the writ petition, the Court can always issue necessary directions to the concerning authorities to safeguard the dignity and autonomy of such institutions. This will further protect the interest of teaching staff as also the students at large.

17. Having considered entire facts and circumstances, it is a fit case where intervention of the Court is not only necessary but also the call of the day.

18. Accordingly, the writ petitions are allowed. The University authorities are directed to take all necessary steps to hold regular selections on the vacant sanctioned posts of teaching staff and complete the process of regular selection and appointments within six months from the date of receipt of certified copy of this order. The State Government is also directed to give all necessary support and assistance in completing the above process within the stipulated time. It is expected of the members of the Syndicate and the Senate to take a pragmatic approach in regulating efficient functioning of the institution of which they are essential part. Personal bias and prejudices have no place in such matters. The prime object should be to take the institution to the same old glorifying stage where students can feel proud being member of such temple of education.

19. Before parting with the case, I may also, with great anxiety, express few words for students unions. Their main aim should be to protect the academic atmosphere of the campus and remove the difficulties faced by the students at large. The main object is to achieve a good academic degree. Extra curricular activities and entertaining programmes are secondary in nature. Indiscipline and rudeism have no place in such institutions. It is for the students to respect their teachers and not the teachers to gather the respect. If the respect is given by the students, the teachers also automatically feel conscious for maintaining that respect.

20. A copy of this order be sent to the Hon'ble Governor of the State, who also happens to be the Chancellor of the University; Time and again anxiety has been shown and expressed by the Chancellors regarding the state of affairs of the University. It is the expectation of the day that now the Chancellor shall sincerely monitor the whole process strictly in accordance with law.