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Rajasthan High Court · body

2017 DIGILAW 2389 (RAJ)

Satish Kumar Harit v. Jai Narain Vyas University, Jodhpur-Through Its Registrar

2017-11-02

GOVIND MATHUR, VINIT KUMAR MATHUR

body2017
JUDGMENT : 1. This appeal is before us to examine correctness of the order dated 06.10.2017 passed by learned Single Bench in S.B Civil Writ Petition No. 12606/2017. By the order impugned learned Single Bench while dismissing the petition for writ held that the grievance sought to be raised by the appellant petitioner is against an administrative decision and that does not require any interference by invoking authority under Article 226 of the Constitution of India. 2. In appeal, the argument advanced on behalf of the petitioner is that the Committee constituted by the Vice Chancellor under the order dated 12.09.2017, as a matter of fact, is going to reopen the entire process of selection and even the marks awarded during the process of selection that took place in the year 2012-13. 3. In brief, factual matrix of the case is that the respondent University initiated a process of selection for the posts of Assistant Professor, Associate Professor and Professor, as per provisions of the Rajasthan Universities Teachers (Special Conditions of Service) Act, 1974. The petitioner faced the process of selection to be considered for appointment to the post of Associate Professor in the Department of English of the respondent University. On receiving certain complaints about fairness and objectivity of the process of selection, a case was registered by the Anti Corruption Bureau and investigation therein is in progress. It appears that the Anti Corruption Bureau has demanded certain information from the respondent University and the University just to respond the same, constituted a Committee consisting of 3 Professors to check the application forms received from the candidates at the time of process of selection. The apprehension of the petitioner is that the Committee constituted under the order dated 12.09.2017 will reopen evaluation of entire process of selection that was conducted much back in the year 2012-13 and shall also make the assessment of Academic Performance Indicator (API) scores. 4. In our opinion the apprehension is absolutely ill-founded. From perusal of the notification dated 12.09.2017 it does not appear that the University is intending to do so. The notification simply refers for constitution of a Committee to check the application forms and not for evaluation or for reevaluation of the Academic Performance Indicator (API). In view of it, we do not find any just reason to interfere with the order passed by learned Single Bench. 5. The notification simply refers for constitution of a Committee to check the application forms and not for evaluation or for reevaluation of the Academic Performance Indicator (API). In view of it, we do not find any just reason to interfere with the order passed by learned Single Bench. 5. The appeal is dismissed accordingly.