Court : Rajasthan
Reported in : AIR1978Raj72
..... and in the fulfilment of these obligations they are sovereign in their respective fields and have their own government empowered to enact and enforce laws.in re the initiative and referendum act, 1919 ac 935 at page 942, it has been held :'the scheme of the act passed in 1'867 was thus, not to weld the province into one, nor to subordinate provincial governments to a central authority, but to establish a central government in which these ..... thus, there was, in law, no vacancy much less temporary vacancy in the office of the vice-chancellor and, there fore, the chancellor could not have acted under section 12 (7) of the act; and secondly, the act of the chancellor in forcing resignation by the then vice-chancellorwas a mala fide act brought under the pressure of shri bhairon singh shekhawat, chief minister, shri lalit kishore chaturvedi, education minister and the new janta government, ..... resignation reads,--'this is to formally request you to kindly accept my resignation from the post of vice-chancellor of the university of rajasthan with immediate effect and to rejoin my post of professor in the department of history and indian culture. ..... state of west bengal (air 1952 cal 907) their lordships of the calcutta high court held, that 'it is the satisfaction of the governor as to the existence of the circumstances for promulgating an ordinance that is necessary and such ..... correctness of the governor's action was challenged before the calcutta high court and the single judge of that court .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj217; 1997(1)WLC218; 1996(2)WLN328
..... of the original record produced before me by learned additional advocate general containing the relevant information, it is evident that the order superseding the petitioner from the membership of the syndicate of the respondent university has not been passed on a rumour or a gossip or a hunch or on non-existent ground but it has been passed on the definable materials and relevant information sent by the vice-chancellor ..... it is well to remember that judicial review has been declared as basic feature of the constitution by the apex court with an avowed object to ensure that high courts and supreme court are to act as bulwark for the protection of rights of citizens and it would check on the vagaries, negligence and mistakes of the executive or highhandedness of the party before it against another on the anvil of rationality and reasonableness ..... the present case to the effect that the chancellor of the respondent university has passed the impugned order superseding the petitioner from membership of syndicate on non-existent ground it is not possible for me to make such order of supersession ineffective by issuing a prerogative writ.48. ..... of professors and 32 posts of readers (not covered by the decision of division bench of this court) and pointed out that if selections were not held for these posts, it would necessitate ad hoc/temporary appointments of lecturers against the higher posts in order to meet the demands of work load of respondent ..... reported in air 1978 sc 597 where ..... 1978 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj350
..... extended to the teachers against the government of rajasthan by the learned single judge in that case on the ground that the agreement entered into between the teacher and the college affiliated to the university of rajasthan is not binding on the government of rajasthan as it was not a party thereto however, the learned single judge held that the agreement is certainly binding on the institution and ..... to the larger bench and the question framed for consideration thereof is whether ordinance 67-a of the rajasthan university ordinances (for short, 'the ordinances'), will prevail or the employees will be governed by the rajasthan non-government educational institution act, 1989 (hereinafter referred to as 'the act, 1989') and the rajasthan grant-in-aid to education and cultural institutions rules, 1963 (for short, 'the ..... the education (group iii) department, government of rajasthan, jaipur, under the order dated 5.4.1978, made revision of pay scales with effect from 1.9.1976 of the teachers of the non- ..... of an institution has been given power to make appointment to fill in a vacancy, which cannot be immediately filed in by procedure laid down under the rules by the selection committee, on urgent temporary basis for a period not exceeding six months.129. ..... institution shall not appoint staff on a temporary basis for more than two year ..... of a dispute arising in connection with termination of the services of any member of the teaching staff who is on probation or on a temporary basis.159. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj187; 1982()WLN127
..... special facts and circumstances of the case, gave a direction that 30 more seats should be added and that those 30 seats should be made available for students from the colleges affiliated to the calicut university and that for the purpose of making selections for admission to those 30 additional seats the selection should be made on the basis of academic excellence strictly according to merit measured by marks secured. ..... his own mind and exercising his own discretion in the matter of registration of the applications of the applicants placed the said applications before the telephone advisory committee and the district manager of telephones merely acted on the basis of; recommendations of the telephone advisory committee without applying his independent mind to the documents that were submitted by the petitioners along with their applications in support of their claim that they ..... the said petitioner should not be registered in the special category of public men, his application was registered in the general category and he was informed by the district manager of telephones, by letter dated september 27, 1978, that the application of the said petitioner was not found suitable for being registered in the special category and, 'therefore, it had been registered in the general category. ..... , air 1970 sc 158 wherein it was held that a temporary government servant was not entitled to challenge an order of termination on the ground that was passed without affording to him an opportunity of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj1; 1981()WLN198
..... clause d (11) clearly reveals that there cannot be two chief justices in a high court; and an acting chief justice is appointed only when the chief justice is away and unable to perform duties of his ..... the state government, which have been assumed by the president under the proclamation (article 356 (1) (a)), it is obvious that in matters on which the governor is empowered to act in his discretion or on his special responsibility, the governor will be under the complete control of the president. ..... chancellor university of rajasthan, air 1978 rai 72 (fb) and ..... it is also an admitted fact that shri raghukul tilak was allowed to act as governor for a pretty long time after the congress (i) coming into power ..... president of india or the union government thro' him, has acted arbitrarily, capriciously and unreasonably in terminating the term of the ..... these non-state matters the governor cannot possibly act on the advice of his ministers and is required to act according to the directions of the central government. ..... when it is perfectly possible for the president to act upon any one or more ground under the formula, i should think that it is unnecessary to categorise the conditions under which the president may undertake the ..... in discharge of such responsibilities, the governor has to act according to the directions issued by the president from time to time and if anyone of the above noted governors flout the directions of the president aided by the council of ministers, it cannot be said .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN701
..... on the recommendations of the screening committee constituted under section 4 or section 5, as the conditions of eligibility including minimum qualification prescribed by the university on the respective dates of their temporary appointments and subject also to the availability of substantive vacancies of lecturers in the department concerned.2/- as a legal & logical consequences of the above striking down sections 6 & 7 of the ordinance of 1978 and 7 & 8 of the act of 1979 are declared invalid and struck down being violative of articles 14 and 16 of the constitution.3/- the respondent ..... it reveals a very sad state of affairs that, even though the act of 1974 was made precisely for providing procedure for appointment of teachers and officers in the universities, and it was found that the universities acts which were in existence earlier were not used and the universities were full of temporary even then temporary teachers were not made permanent lecturers. ..... the fact that for about a decade, in spite of ample provisions in the original university acts and special legislation of 1974 act' the university bosses could not hold permanent selection, and fate of hundreds of tutors and lecturers hanged in uncertainly due to temporary extensions after fictional brakes, gaps, was a concern. ..... 5 of 1978) and the university teachers (absorption of temporary lecturers) act, 1979 (act no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990(2)WLN530
..... by the respondent university relates to the locus standi of shri mohan swaroop mahesh wari to file the writ petition and the second preliminary objection relates to the right of jodhpur university temporary teachers forum to ..... these two petitions: one filed by jodhpur university temporary teachers forum (for short 'the forum' and the other filed by one shri mohan swaroop mahesh wari associate professor, department of physics and member of syndicate, university of jodhpur, jodhpur raise certain common questions of law and facts and, therefore, they were heard ..... case where there was no statutory rule to guide selection but the rajasthan universities teachers and officers (selection for appointment) act, 1974 makes a provision in sub-section (3) of to keep temporary teachers not beyond the period of one year and therefore, these temporary lecturers (assistant professors) cannot be continued beyond the period of one year. ..... only interested to see that proper ax education is imparted to the students by proper selection of lecturers (assistant professors) and, therefore, his only concern is that the university which has framed its own ordinances must comply with those qualifications and should not go astray, and therefore, he is the proper person to get a redress of this ..... , calcutta, kerala ..... gopikabai : [1978]3scr561 , wherein it was observed that broadly speaking, legislation by referential incorporation falls in two categories: first, where a statute by specific reference incorporates the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN290
..... with the merit determined by the selection committee irrespective of the date of joining:provided further that the seniority of teachers appointed from the 'rajasthan educational service at the time of the initial establishment of the university either through the process of screening or by the orders of the competent authority, other than through open recruitment, shall be determined with reference to the service in the government and their inter-se seniority ..... in the event of the seniority being not determinable on the basis of rule iii, the service rendered, if any, on the post in a cadre in temporary capacity as a result of regular selection immediately before the substantive appointment shall count for seniority:provided that in the absence of seniority determinable as above dates of birth of the concerning ..... against the provisional seniority list as on 1-3-1964 but the university continued to take all actions in the matter of appointment in the faculty, appointment in the committee of courses and appointment as examiners and even by promotion in the year 1978 on that basis and the provisional seniority list was acted upon. ..... seniority of teachers of the university of jodhpur has not been decided finally at any time so far due to some valid and justified objections, the syndicate, in supersession of its earlier resolutions, decisions, orders or notifications in the matter, hereby to resolve make the following seniority rules for the teachers of the university of jodhpur.i. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN697
..... the year in which such personal promotion is to be considered,-(i) continuous fifteen years' service as lecturer; or(ii) continuous twelve years' service as lecturer subject to his possessing the qualifications as laid down in the relevant law of the university concerned, for appointment to the post of a reader.explanation: for the purpose of seniority and counting of years of service as reader or as lecturer, under clause(b) respectively of sub-sections (4) and (5), the service rendered as lecturer ..... seniority and counting of years of service, the service rendered as lecturer or vice-principal or principal after regular selection as lecturer in a college established or run by the state government in a university as also the service rendered in an ad-hoc or temporary capacity immediately before regular selection shall also be taken into account. ..... in that the case the seniority was fixed on the basis of date of approval/selection by the psc resulting in supersession of earlier appointees by their juniors, it was held that it was violative of article 14 and 16, so the seniority list was quashed ..... the common ground of challenge in both the writ petitions is that the explanation appended to sub-sections (4) and (5) of section 11 of the act is violative of article 14 of the constitution in as much as the date of joining has been made the basis of reckoning seniority and the date of joining is a fortuitous circumstance which ..... 1978) 2 slr 115 the appellant took charge of the promoted ..... 1978 .....
Tag this Judgment!Court : Rajasthan
Reported in : (1969)ILLJ169Raj
..... any specialist (junior or senior) in the service of the state, who is a post-graduate, and has teaching experience and practice in the speciality, for such periods as are required by the university ordinance for the time being in force on the date of such appointment :provided that two years of service rendered in the speciality shall be reckoned as equivalent to one-year teaching experience gained the speciality. ..... any specialist (junior or senior) in the service of the state, who is a postgraduate, and has teaching experience and practice in the specialty, for such periods as are required by the university ordinance for the time being in force on the date of such appointment.provided that two years of service rendered in the speciality shall be reckoned as equivalent to one-year teaching experience gained in the speciality.18. ..... the university and if these respondents were appointed by the university and there were no separate rules regarding recruitment and conditions of service, there could be some justification in challenging the validity of their appointments even on a temporary footing on the basis of the university act, ..... observed as follows :an order of the government promoting a junior in supersession of a senior without considering the claim of the senior for promotion when it is due to him has been quashed even though the promotion is a temporary one, as it is in violation of the principle of equality ..... short title and commencement, supersession of existing rules and orders .....
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