SUSHMA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals by special leave arise out of 'the judgment of the Division Bench of the Rajasthan High Court. The appeals are by the original petitioners before the learned single Judge of the Rajasthan High Court and who having succeeded before the learned single Judge became respondents in the appeals filed by the University before the Division Bench. The appellants in these appeals and, other connected appeals were temporary lecturers and. teachers on various subjects. They were appointed temporary lecturers by the Vice-Chancellor by virtue of section 20A of the University of Rajasthan Act, 1946.

(2.) Section 4 of the Rajasthan Universities Teachers and Officers (Special Conditions of Service) Act, 1974 hereinafter referred to as 1974 University Act provides for regular selection by Selection Committees. Section 3 of the 1974 Act provides that no stop-gap or part-time arrangement can be made for more. than six months. The temporary appointments of lecturers by the Vice-Chancellor cannot be made for more than one academic year. Further sub-section (1) of section 3 of the said Act provides that notwithstanding anything contained in the relevant law as from the commencement of the said Act, no teacher or officer in any University in Rajasthan should be appointed except on the recommendation of the Selection Committee constituted under section 4. Section 4 of the Act provided for the constitution of the Selection Committee for selection of lecturers and officers in the University, and dealt with certain other aspects and section 5 provides for the procedure to be followed by the Selection Committee. The other provisions of the said Act are not necessary to be referred to. It appears that for a long, time, indeed since the inception of the University, there have not been regular selections and appointments of lecturers in the University and as such the teachers' organisations were pressing for absorption on substantive posts of temporary lecturers who were working for long years. It is not necessary to deal in detail on this position. One Shri Y. K. Tiwari filed a writ petition before the Rajasthan High Court. The case was disposed of by a learned single judge of the Rajasthan High Court on 30th August, 19,78 being Civil Writ Petition No. 446 of 1978 Yogendra Kumar Tiwari v. University of Rajasthan. The petitioner in that case was appointed as a lecturer in Law on temporary basis after being selected by the Selection Committee by an earlier order dated 10th of January, 1975. The said petitioner had worked up to 19th June, 1975 but he was allowed his salary up to 29th May, 1975 as his term was not extended thereafter. He was not allowed any salary for vacation also as he had not completed six months' service on the last day of the session. The petitioner was reappointed as a lecturer on a temporary basis by an order dated 13th September, 1975. As mentioned hereinbefore, there was long standing grievance of the temporary lecturers and therefore the Government of Rajasthan promulgated the Rajasthan Universities Teachers (Absorption of Temporary Lecturers) Ordinance, 1978 which is hereinafter referred to as the Ordinance of 1978. It was the case of the petitioner that he was eligible for screening. It was further contended that the previous Vice- Chancellor before handing over charge of his office had passed an order dated 2nd July, 1977 condoning the break in service of about 25 temporary lecturers in University belonging to the various departments including the faculty of law. Para or clause (3) of the said Ordinance of 1978 had an English version as well as Hindi version. In view of the fact that certain controversy is there, it is necessary to set out both these versions. Hindi version written in Roman script reads as follows:

(3.) English version of the Ordinance reads as follows:-