RAJKUMAR NAGDA S/O SHYAMLAL NAGDA Vs. STATE OF RAJASTHAN , THROUGH PRINCIPAL SECRETARY
LAWS(RAJ)-2018-8-236
HIGH COURT OF RAJASTHAN
Decided on August 06,2018

Rajkumar Nagda S/O Shyamlal Nagda Appellant
VERSUS
State Of Rajasthan , Through Principal Secretary Respondents

JUDGEMENT

Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this writ petition praying the following reliefs :- "It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:- (i) the advertisement notification dated 10.05.2016 (Annex.6) may kindly be quashed and set aside ; (ii) the respondent University may be directed to comply with the direction issued by the State Government by communication dated 23.02.2017 (Annex.5); (iii) the State Government may be directed not to act upon the report so submitted by the Search Committee pursuant to the advertisement (Annex.6); (iv) the respondents be directed to give the benefit of the provisions of Section 49(4) of the Act of 2010 with regard to the qualifications;"
(2.) The petitioner has prayed for consideration for appointment as Vice Chancellor in pursuance of the notification dated 10.5.2016.
(3.) Counsel for the petitioner has pointed out that Section 24(3)(a) of the Rajasthan University of Veterinary and Animal Sciences Act, 2010 (for short 'the Act of 2010') debars the petitioner from consideration for appointment on the post of Vice Chancellor as it requires that a candidate applying for the said post must have recognized veterinary qualification as defined in the Indian Veterinary Council Act, 1984 i.e. Bachelor of Veterinary Science and Animal Husbandry. Counsel for the petitioner has sought to make out a case on account of the fact that Section 49 of the Act of 2010 provides some relaxation to the Teachers who are migrated from other Universities to the Veterinary Universities and further that the stand of the State Government vide letter dated 23.2.2017 is to the effect that there is a contemplation of the State for making necessary amendment in the Act of 2010 in regard to Section 24 thereof.;


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