- (1.) The Maharana Pratap University of Agriculture and Technology, the appellant, has assailed the judgment dated 6.5.2014, passed by a learned Single Judge. By the impugned judgment, the learned Judge has directed the appellant to appoint Mr. Yashpal Singh Yadav, the respondent, on the post of Assistant Professor Nematology (Gen-AICRP on Nematode, RCA, Udaipur), reserved for OBC category, from the date an earlier candidate, namely Ravi Shanker M., was appointed.
(2.) Briefly the facts of the case are that in the year 2006, the appellant University had advertised two posts of Assistant Professor Nematology (Gen-AICRP on Nematode, RCA, Udaipur). Out of these two posts, while one was for the General category, the other was for OBC category. Three candidates were called for interview for the OBC category; all the three candidates appeared before the Selection Committee. The Selection Committee recommended one Mr. Ravi Shankar M. on the said post, and kept Dr. Satyapal Bishnoi in the Reserved List. However, subsequently, both Dr. Satyapal Bishnoi and Mr. Yashpal Singh Yadav filed two different writ petitions before this Court, namely S.B. Civil Writ Petition No. 8829/2006 and 4833/2006, respectively, challenging the selection of Mr. Ravi Shankar M. The appellant-University directed Mr. Ravi Shankar M. to produce certificate of OBC in conformity with the rules of the University, failing which his appointment and selection would be cancelled. Subsequently, by order dated 11.7.2008, his appointment was cancelled, as his OBC Certificate was not in accordance with the rules of the University.
(3.) Moreover, by judgment dated 25.2.2009, a learned Single Judge allowed the two writ petitions filed by Dr. Satyapal Bishnoi and Mr. Yashpal Singh Yadav. The learned Single Judge directed the University to consider their cases for the OBC category for the post of Assistant Professor Nematology; if they were found suitable, as per merit, then they were to be granted appointment with effect from the date of appointment of Mr. Ravi Shankar M. According to the appellant-University, they complied with the said judgment and on 28.7.2009, and appointed Dr. Satyapal Bishnoi on the said post, as he was in Reserve List prepared by the Selection Committee. However, Dr. Satyapal Bishnoi declined to join the said post.;