S.C.AGARWAL, J. - (1.) THIS special appeal has been filed under Section 18 of the Rajasthan High Court Ordinance 1949 against the judgment of the learned single Judge whereby the writ petition filed by the appellant has been dismissed summarily on the ground that it was premature.
(2.) THE University of Jodhdur (hereinafter referred to as the University) had advertised certain posts of lecturers in the Department of Political Science. The appellant as well as Respondent Nos. 3 to 6 had applied for the said posts in pursuance of the said advertisement. Selection for the post of lecturers in, the University has to be made in accordance with the provisions of the Rajasthan Universities Teachers and Officers (Special Conditions of Service) Act, 1974 (hereinafter to be referred to as 'the Act'). Section 4 of the Act provides for the constitution of a selection committee and Under Section 5 it is laid down that the recommendations of the selection committee shall be considered by the Syndicate of the University concerned and in case the Syndicate disapproves the recommendations of the selection committee the Vice Chancellor of the University concerned shall submit such recommendations along with reasons for disapproval given by the Syndicate to the Chancellor for his consideration and the decision of the Chancellor thereon shall be final. In the present case the appellant in her writ petition had prayed that the selection of Respondents Nos. 3 and 6 for appointment to the post of lecturers in the Department of Political Science in the University by the Selection Committee made on 9th July, 1981 be quashed by issuing a writ of certiorari. The appellant approached this Court before recommendations of the Selection Committee had been the considered by the Syndicate in accordance with Section 5 of the Act. The learned single Judge was of the view that the writ petition filed by the appellant was premature in as much as the recommendations Of the selection committee were subject to approval or disapproval of the Syndicate and in the event of the disapproval of the said recommendations by the Syndicate the matter had to be placed before the Chancellor of the University for his decision. The learned single Judge, therefore, dismissed the writ petition of the appellant on the ground that it was premature. In taking the aforesaid view the learned single Judge has placed reliance on the decisions of the Supreme Court in Dr. G. Sarana v. Lucknow University AIR 1976 SC 2443 and Mrs. Kunda S. Kadam v. Dr. K.K. Soman : [1970]1SCR457 Being aggrieved by the aforesaid decision of the learned single Jude the appellant has filed this appeal.
(3.) WE have heard Mr. L.R. Mehta learned Counsel for the appellant and Mr. H.M. Parekh learned Counsel for the University.;