Akhil Rajasthan Anusuchit Jati/Jan Jati Chhatra Sangh v. University of Rajasthan
1990-01-18
G.S.SINGHVI
body1990
DigiLaw.ai
JUDGMENT 1. - This writ petition has been filed with the prayer that the respondent University be directed to insert provision for reservation in favour of SC/ST in the advertisement dated 13.9.1990 (Annexure-3) and to specify the number of posts reserved for SC/ST respectively and the number of posts reserved for SC/ST under the roster system. Prayer has also been made to direct the respondent University to implement Draft Rules and to fill up quota meant for SC/ST candidates. 2. According to the petitioners, the advertisement, Annexure-3 is very vague. It does not contain even the number of posts to be filled in different departments and different subjects and there is no specific reservation made in favour of the members of SC/ST. This, according to the petitioner, is in violation of the provisions of Article 16 (4) of the Constitution of India as also the decision of the University itself, by which reservation is required to be provided for various appointments in the service of the University in different departments and subjects. 3. After a notice was given by the court, the respondent University has appeared and Shri Dalip Singh, learned counsel for the University very fairly stated before the court that at the time of issuance of advertisement, Annexure-3 dated 13.9.1990, even the admission had not been completed for various classes and, therefore, it was not possible for the University to have determined the work load and consequently, it was not possible to determine the number of posts to be required for different department and subjects. He also submits that provision for reservation has not been made. 4. In view of the aforesaid statement of the learned counsel for the University, Annexure-3 dated 13.9.1990 deserves to be quashed. Ordered accordingly. The respondent University will now be free to issue fresh advertisement for various posts in various different departments and subjects according to the work load determined by the concerned Committee and in making selection, the respondent University shall give full effect to the provisions relating to the SC/ST was well as the roster system. It is expected that this exercise would be done expeditiously.Petition allowed. *******