- (1.) IN the present writ petition, the petitioner has sought following relief/s: - "It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed: - A/. By an appropriate writ, order or direction, the respondents may kindly be directed to grant the prescribed revised pay scale of University Grants Commission to the petitioner with all Somshekhar Vyas Vs. Vice -Chancellor, M.P. Agri. and Tech. University, Udaipur and Anr. consequential benefits from the date of his joining of service. B/. By an appropriate writ, order or direction, the respondents may kindly be directed to fix the pay scale of the petitioner as per his entitlement of University Grants Commission Pay scale as any other university teacher. C/. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. D/. Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) THE petitioner was appointed as 'Coach' (Cricket) with the Diploma from National Institute of Sports in Cricket in Rajasthan Agricultural University, Bikaner on 01.01.2009 in the pay scale of Rs.5500 -175 -9000. The controversy raised in the present writ petition is as to whether the post 'Coach' is also a 'Teacher' or not, and whether he is entitled to the similar benefit of pay scale as teacher. Dr. Nupur Bhati, learned counsel for the petitioner has informed the Court that the controversy involved in the present writ petition is squarely covered by the decision of Division Bench of this Court in the case of Mohanlal Sukhadia University Vs. Udai Raj Bhandari & Ors. (DBSAW No.700/1999 decided on 25.09.2002) and the SLP No.1982/2004 - Mohanlal Sukhadia University Vs. Udai Raj Bhandari & Ors. has also been dismissed by the Hon'ble Apex Court against the aforesaid judgment of the Division Bench on 07.02.2010. The order dated 25.09.2002 passed by the Division Bench of this Court in the case of Udai Raj Bhandari (supra) is reproduced herein below for ready reference: - "The only point for consideration in these appeals is whether coaches employed by the Mohanlal Sukhadia University (hereinafter referred to as the University) are coverd within the definition of teacher. The writ petition was filed by three persons, who had been appointed as coaches in the said University vide order dated 7th August, 1973 and 3rd April, 1979. These three persons were appointed as coaches for Tennis, Cricket and Wrestling respectively after due selection by the Selection Committee under the orders of the Vice Chancellor of the University. The writ petitioners claimed that they were covered in the definition of the word "teacher" as contained in the Act of 1962 and, therefore, they were entitled to UGC pay scales applicable to teachers. Section 2 f the Act, defines "teacher" as under: - "(J) "Teacher" - means a person appointed or recognized by the University for the purpose of imparting instructions or conducting and guiding research 5 [XX] and includes a person who may be declared by the Statutes to be a teacher."
(3.) FURTHER , the learned counsel appearing for the writ petitioners has drawn our attention of Statute 47 of the said University, which contains classification of teachers. The same is as under: - Teachers Appointed: (i) Professors. (ii) Associate Professors. (iii) Associate Readers. (iv) [Assistant Professors.] (v) Instructors. ;