G.M.LODHA, J. - (1.) THE petitioner, in this writ petition, has challengad the selection of respondent No. 4, 5, and 6 for post of Branch Librarian in the University of Jodhpur. The names of these respondents were recommended by the Selection Committee. Petitioner's case is that this Selection Committee was constituted contrary to Section 4 of the Rajasthan Universities' Teachers and Officers (Special Conditions of Service) Act, 1974 as amended by Act No. 24 of 1976.
(2.) IT was argued by Shri Vyas, the learned Counsel for the petitioner, that the post of Branch Librarian is covered by the definition of the word, 'officer' as defined in Section 2(iii) of the Act, of 1974 which reads as under: - - Officer' means the Registrar, the Deputy Registrar, the Assisatant Regsitrar, the Librarian of a University and, includes any other 'officer' by whatever name deignated, and, declared by the Statute to be an officer of that University. The contention of Shri Vyas in this respect can be expected now and to precise in exact form used by him in his written arguments.
(3.) THE aforesaid definition of the word, 'officer' clearly shows that the definition of this word, 'officer' is very wide and covers all sorts of officers from the non -teaching posts irrespective of the fact whether their pay scales are lower than or equal to that of the Assistant Registrar. For the appointments of a ' Teacher' and an 'Officer' in any University of Rajasthan excepting those mentioned in Section 3(3) of the Act, it is mandatory that the recommendation for such a post can only be made by a Selection Committee constituted under Section 4 of the Act and non -compliance of the same would make such selections null and void. Under Section 3 of the aforesaid Act No. 24 of 1976 (hereinafter called the Act) no teacher and no officer in any University in Rajasthan shall be appointed except on the recommendations of the Selection Committee constituted under Section 4. Under Section 3(2) of the aforesaid Act every appointment of a 'teacher' or an 'officer' in any University made in contravention of Sub -section (l) shall be null and void. Sub Section (3) of Section 3 of the aforesaid Act states that the appointment of a 'teacher' or an 'Officer' as a stop -gap arrangement can be made for a period not exceeding six months. Section 3(3) further states that the provisions of Section 3(1) read with Section 3(2) shall not apply in the following class of cases. - - (i) to the appointment of a part -time teacher or (ii) to the appointment of a 'teacher' for the pay -scale lower than that of the lecturer. or(iii) to the appointment of an 'officer in the pay scale lower than that of Asstt. Registrar. ;