- (1.) The teachers of Central University of Rajasthan have formed their Association and got it registered under the Societies Registration Act,1958 and as pleaded in the writ petition, 78 teachers of the Central University of Rajasthan are its members and out of which 43 are Assistant Professors and rest 35 are Associate Professors/Professors as informed and Association has been formed to protect their service conditions and to work for their interest and betterment. The Executive Body of the Association in its meeting held on 8-7-2016 considered various agendas and took a decision to ensure rights of the teachers who have been deprived from being considered for Career Advancement Scheme (CAS) and to take up the provisions of Acts and Ordinances for appointment of Associate Professor as HoDs obviously under the appropriate proceedings and for protecting their rights and legal action permissible under the law be initiated.
(2.) The prayer made in the writ petition preferred at the instance of the Association reads ad infra :- "It is, therefore, most respectfully prayed that your lordship may graciously be pleased to allow the writ petition and by an appropriate writ, order or direction I. Complete record of the selection of respondent 4 to 9 be called from the respondent university and after perusal of same, the impugned minutes 21st executive council meeting dated 12.12.2015 and 22nd executive council meeting dated 03.0302016 (Annexure-6 and 7) be quashed and set aside and the impugned order dated 15.2.2016, 4.03.2016, 6.07.2016, 8.7.2016. 26.5.2016 and 20.5.2016 placed as Annexure-9 collectively be quashed and set aside. ii. Respondent University may be further directed to hold the appointment by adhering to the provision of the Central University Act,2009 and UGC regulation of 2013 for the post of Professor, Associate Professor and Assistant Professor by (5 of 13 ) [CW-9983/2016] constitution of of panel prepared by Academic Council and its approval by Executive Council. iii. Any other order or direction which this Hon'ble Court deemed fit and proper be passed in favour of the Humble petitioner. iv. Cost of the writ petition be quantified to the petitioner." The Central University of Rajasthan has been established under the Act of Parliament, namely Central Universities Act,2009 and the President of India is the Visitor of the University and the Chancellor and the Vice Chancellor both are appointed by the President of India being visitor in the manner as prescribed by the statutes and Vice Chancellor is the Principal Executive and Academic Officer of the University and exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University and the Executive Council is the Principal Executive Body of the University and in exercise of power u/S 3(4) of the Act, in 12 states Central Universities have been established including the State of Rajasthan and u/S 27 the Statute of the University has been formed which is appended to the Second Schedule and the final authority is the Executive Council for appointment of Professors/Associate Professors/Assistant Professors, Registrar etc. of which reference has been made u/S 18(2), for whom recommendation has to be made by the Selection Committee to the Executive Council in terms of Sec.18(1).
(3.) That earlier the process of open selection was initiated by the respondent vide notification dt.30-7-2015 for teaching/non- teaching staff and all appointments have been made and presumption can be drawn that the selections and appointments have been made in accordance with the procedure prescribed by the law unless any person aggrieved by the selection held proves it otherwise.;