NIRMALJIT KAUR,J. - (1.) The prayer in the present writ petition is to quash the advertisement No. 02/2017 dated 17.01.2017 qua the post of Section Officer to the extent it invites applications from the candidates other than the respondent University.
(2.) The grievance of the petitioners is that as per the Schedule III-A of the Maharshi Dayanand Saraswati University, Ajmer Recruitment and Promotion Rules for Non - Teaching Employees, 1998, the source of recruitment for the post of Section Officer is 34% by direct recruitment from internal eligible employees and 66% by promotion. The Bikaner University has adopted the Statutes, Ordinances and Regulations of the M.D.S. University. Hence, the respondent - University of Bikaner in its 27th meeting of Board of Management held on 16.07.2016 passed the Agenda No. 314 whereby it was decided to apply the rules of the State Government and to fill up the post of Office Assistant and Section Officer from eligible candidates 100% by way of promotion and in case, the eligible candidates are not available, the vacancy shall be filled by way of direct recruitment from outside the University. The petitioners are aggrieved with the amendment vide which decision has been taken to allow candidates from outside the University to apply for the post of Section Officer. In pursuance to the said amendment, the respondent University issued an advertisement dated 17.01.2017 inviting applications for various posts including the post of Section Officer. A total of 07 posts of Section Officer were advertised and the qualification and eligibility for the said post is a graduate with minimum 10 years of service and at least 04 years experience as Assistant/Accountant and in the case of non-graduate, the minimum service required is 14 years. However, the experience as Assistant/Accountant is same i.e. 04 years. As per the instruction No. 06 of the advertisement, the post of Section Officer has been issued by inviting applications from the outside candidates apart from the internal eligible employees in view of the regulation passed by the University in its' 27th meeting of the Board of Management held on 16.07.2016 vide Agenda No. 314.
(3.) While praying for setting aside the advertisement dated 17.01.2017 to the said extent vide which it invited applications from the candidates other than the respondent University for the post of Section Officer, learned counsel for the petitioners raised the following arguments :- A. The said stipulation in the advertisement is not in accordance with the service rules which clearly provides in the note appended to the Schedule III-A of the Maharshi Dayanand Saraswati University, Ajmer Recruitment and Promotion Rules for Non - Teaching Employees, 1998 that 34% of the posts of Section Officer, Assistant and U.D.C. shall be filled by direct recruitment from the internal eligible employees and the remaining 66% shall be filled by promotion. B. As per the service rules, the direct recruitment can also be made from the internal eligible employees. Hence, the University could not have been invited applications from outside candidates. C. The University has no authority or power to amend the rules. D. Even, if it is accepted that the University has power to amend the rules, the Schedule III-A under the Maharshi Dayanand Saraswati University, Ajmer Recruitment and Promotion Rules for Non - Teaching Employees, 1998 is under the ordinance. The same could have only been amended by an ordinance and cannot be replaced by a regulation. The University has amended the same by way of a regulation, which is invalid. E. The State had denied the approval to appoint from outside vide Annexure-10 dated 02.01.2017. In spite of the same, the respondent University had gone ahead and issued a fresh advertisement dated 17.01.2017. ;