M.R. Calla, J. - (1.) This appeal is directed against the judgment and order dated 1.7.1996 passed by the learned Single Judge whereby the petition has been partly allowed and the selection and appointment of respondent No.3 to the writ petition i.e. appellant herein namely Dr. B.K. Sharma, on the post of Reader in mathematics in M.D.S. University, Ajmer has been cancelled and set aside and the writ petition has been allowed only on the ground of bias.
(2.) The respondent No.2 herein was the original petitioner before the learned Single Judge. On 11.7.1990, he filed the petition with the allegation that he had been appointed Lecturer in Mathematics in the year 1966, the selection scale was given to him w.e.f. 1.1.1986 and at the time of filing of the petition, he was working in the Government College, Ajmer. The University of Ajmer issued an advertisement in the Rajasthan Patrika (a widely circulated daily Newspaper of Rajasthan) dated 24.2.1989 inviting applications for two posts of Readers in the Department of Mathematics. The petitioner had applied for this post of Associate Professor (Reader). The respondent No.3 to the petition i.e. the appellant before us had also applied for the said post of Associate Professor (Reader) in mathematics and one Dr. B.S. Bhatt was also a candidate for these posts alongwith other candidates. The selections were held in the month of February, 1990. In these selections the appellant namely Dr. B.K. Sharma and the respondent No. 3 Dr. B.S. Bhatt were selected. On the basis of these selections, the appointment was given to them on 24.2.1990. Dr. Bhatt did not join at all whereas the appellant joined on 28.2.1990.
(3.) Aggrieved from his non-selection and the selection of the present appellant the original petitioner Dr. D.C. Gokhru preferred a 'representation dated 8.5.1990 to the Chancellor of University and thereafter filed this petition on 11 July, 1990 seeking to challenge the selections and made the following prayers: (i) To call for the relevant record of the selection and appointment on the posts of Associate Professor (Reader) in the pursuance of advertisement (Annexure-1), (ii) To quash and set aside the selection and appointment of non- petitioner No.2 and 3 on the post of Associate Professor (Reader) in University of Ajmer. (iii) To direct the non-petitioner No.3 to quit the office of Associate professor(Reader) in the University of Ajmer and further permanently restrain non-petitioner No.2 from joining on the post of Reader in University of Ajmer. (iv) To hold that the petitioner is more suitable and competent for selection to the post of Associate Professor (Reader) in University of Ajmer and to further direct that he should be selected and appointed on one of the posts. (v) Any other appropriate writ, order or direction which may be found just and expedient in the facts and circumstances of the case, may also be passed in favour of the petitioner. (vi) Award cost of the petition to the petitioner.;