Dr. Triloki Nath Verma v. Jai Narain Vyas University, Jodhpur
2014-09-05
VINEET KOTHARI
body2014
DigiLaw.ai
JUDGMENT 1. - The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. Rajesh Shah, as the counsel for the petitioner and Dr. Sachin Acharya and Mr. Sandeep Shah, as the counsel for the respondents, is shown in the cause list. 2. Heard the petitioner Dr. Triloki Nath Verma, who is present-in person before the Court. The private respondents Nos. 4 and 5 namely, Dr. M.S. Rathore and Dr. R.K. Dave, are also present-in person before the Court. On behalf of the respondent - University, Mr. S.P. Ramdeo, Officer-in-Charge, Establishment (T), Jai Narain Vyas University, Jodhpur, is also present-in-person before the Court. 3. Perused the record. The case is listed at Sl. No. 33 in the cause list under the category of "For Orders On Interim Applications". 4. The writ petition has been filed by the petitioner in this Court on 25.05.2012 with the following prayers:- "It is, therefore, respectfully prayed that- (a) by an appropriate writ, order or direction, this petition may kindly be allowed with costs and the respondents may kindly be directed to assign correct seniority to the petitioner amongst the Associate Professor above the respondents 4 to 6 treating the petitioner selected directly and treating the respondents 4 to 6 as getting the benefit of C.A.S. (b) by an appropriate writ, order or directions, the respondents may kindly be directed to grant promotion to the petitioner as Professor above the respondents no. 3 to 6 i.e. the date from which the persons junior to the petitioner have been promoted as Professor with all consequential benefits. (c) by an appropriate writ, order or directions, the respondents may kindly be directed to give promotion to the petitioner since 1994. (d) by an appropriate writ, order or directions, the Selection Committee report, whereby the petitioner has been denied promotion and the persons junior to the petitioner granted promotion may kindly be declared as illegal. (e) by an appropriate writ, order or direction, the respondents may kindly be directed to not make any harassment to the petitioner or not take any action against the petitioner malafidely (f) Any other appropriate order or direction, which this Hon'ble Court deem just and proper be passed in favour of the petitioner. (g) Costs of this writ petition may kindly be allowed to the petitioner." 5.
(g) Costs of this writ petition may kindly be allowed to the petitioner." 5. The petitioner, who is working as Reader in the Commerce Faculty of the respondent-JNV University, Jodhpur, has filed the present writ petition raises the dispute about his seniority and promotion. According to the petitioner, the private respondents Nos. 4, 5 and 6 are junior to him and they do not possess the requisite qualification for being considered to be promoted to the next higher post of Professor without deciding the representation/objections filed by the petitioner and hence, the present writ petition with the above-quoted prayers has been filed in this Court. 6. During the course of arguments in the matter, the petitioner Dr. Triloki Nath Verma as also the Officer-in-Charge Mr. S.P. Ramdeo appearing on behalf of the respondent University submit that to decide the claim of the petitioner, the appropriate authority is the Syndicate of the respondent University. The petitioner submits that his claim regarding his seniority and promotion to the next higher post of Professor may be decided by the said Syndicate of the respondent University, after giving an adequate opportunity of hearing to the petitioner. It is also submitted that the claim of the petitioner about the eligibility of the private respondents as also his own seniority should be decided by the Syndicate of the respondent University and after deciding the representation of the petitioner, the respondent University should proceed in the matter and should go ahead with the process of making promotion to the next higher post of Professor. To this proposition, the private respondents Nos. 4 and 5 as well as the Officer-in-Charge do not have any objection. 7. Having heard the parties and in view of the facts and circumstances of the present case, this Court is of the opinion that it is expedient, just and proper to dispose of the writ petition with a direction to the respondent University and its competent body, namely, the Syndicate to provide an opportunity of hearing to the petitioner and to decide the issues sought to be raised in this writ petition about the seniority of the petitioner and the eligibility of the private respondents Nos. 4 to 6 for consideration of their cases for promotion to the next higher post of Professor. 8.
4 to 6 for consideration of their cases for promotion to the next higher post of Professor. 8. It is needless to observe that before passing any order on the representation of any person affected, the authority, who is supposed to decide the representation, is bound to provide an opportunity of hearing in accordance with the principles of natural justice which is the minimum requirement of law. In fact, no direction is required to be issued to the respondents or authority to provide such an opportunity of hearing to the affected party but still to subserve the cause of justice, it is directed that the competent authority namely, the Syndicate of the respondent Jai Narain Vyas University, Jodhpur should pass appropriate orders on the aforesaid representation filed by the petitioner. Though, the copy of the representation has not been filed on the record of this writ petition by the petitioner but in the circumstances, the petitioner is directed to supply a copy of the representation to the Registrar of the respondent University. The petitioner is also free to move afresh representation in this regard within 15 days from today and the respondent University of its Syndicate, is expected to decide the said representation of the petitioner, after providing an opportunity of hearing to all the concerned parties, which is stated to be present-in person before the Court today. The exercise of hearing all the concerned parties and deciding the representation/objections of the petitioner may be completed by the Syndicate of the respondent Jai Narain Vyas University, Jodhpur within a period of three months from today. 9. It is also needless to observe that if any adverse order is passed by the said Syndicate or the respondent Jai Narain Vyas University, Jodhpur against the petitioner, the petitioner will be free to avail further legal remedy available to him in accordance with law. 10. With the requirements and directions foregoing, this writ petition as well as second stay petition (No. 5304/2014) is disposed of accordingly. 11. A copy of this order be sent to the concerned parties forthwith.Petition Disposed of. *******