SUSHRI SUNITA Vs. UNIVERSITY OF JODHPUR
LAWS(RAJ)-1981-8-20
HIGH COURT OF RAJASTHAN
Decided on August 03,1981

Sushri Sunita Appellant
VERSUS
UNIVERSITY OF JODHPUR Respondents

JUDGEMENT

M.B.SHARMA, J. - (1.) THROUGH this writ petition, the petitioner, who had applied for the post of lecturer in Political Science, seeks the quashing of the selections of respondents Nos. 3 to 6 for the appointment to the post of Lecturer in department of Political Science, University of Jodhpur.
(2.) POSTS of lecturer in the department of Political Science in the University of Jodhpur were advertised. The petitioner, along with respondents Nos. 3 to 6 and others applied for the said posts. The statutory selection committee for the selection of lecturer, Political Science, was to meet on July 9, 1981 in which candidates were called for interview. The petitioner apprehended that the selections will not be fair, filed a representation on July 7, 1981 seeking some clarifications and also mentioned therein that in case she does not hear anything, she will not appear before the Selection Committee. The Selection Committee, with the Vice Chancellor as Chairman, interviewed respondent No. 3 to 6 along with others on July 9, 1981 and as required under the law, is said to have recommended the names of respondents Nos. 3 to 6 for appointment as lecturers. The petitioner filed this writ petition in this Court on July 15, 1981 for the various reliefs including the relief which has been stated earlier. The recommendations of the Selection Committee have been challenged mainly on two grounds, - (1) That neither the Jodhpur University Act (hereinafter referred to as 'the Act') nor the Statutes of the University framed under the Actor the Universities of Rajasthan Teachers' and Officers Act, 1974 (hereinafter, 'the Act of 1974,) lay down any guidelines or criteria for the selection of Lecturer or Reader, or Professor in the University of Jodhpur (hereinafter called 'the University'); and (2) That respondent No. 2, the Vice Chancellor is interested in respondent No. 6 being her relation and as such, he was disqualified to sit in the Selection Committee having personal interest in one of the candidates and, therefore, the selections could not be and have not been fair.
(3.) THE show cause notice was issued to the respondent as to why this writ petition be not admitted and cause has been shown on behalf of respondents Nos. 1 and 2. Preliminary objections have been raised to the maintainability of the writ petition and they are these: (1) The recommendations of the Selection Committee may or may not be accepted by the Syndicate and, therefore, the writ petition is premature; (2) the petitioner having not appeared in the interview, cannot be allowed to challenge the recommendations of the Selection Committee; and (3) the writ petition suffers from the defect of concealment of material facts and false averments and, therefore, is liable to be dismissed. ;


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