GOPAL KRISHAN VYAS, J. - (1.) In this special appeal filed under Rule 134 of the Rajasthan High Court Rules, read with Article 225 of the Constitution of India, the order dated 3.5.2017 passed by the learned Single Judge in SBCWP NO.1530/2015 is under challenged whereby the appellants' writ petition was dismissed by the learned Single Judge. As per facts of the case after establishment of respondent University no rules were framed pertaining to recruitment and promotion, but the rules prevailing in Maharshi Dayanand Saraswati University, Ajmer (hereinafter referred to as the MDS University for short) were adopted for recruitment and promotion of non-teaching staff. The petitioners were appointed on the post of LDC initially after clearing competitive examination and they were promoted on the post of Office Assistant in the month of Oct., 2015.
(2.) As per the MDS University Recruitment and Promotion Rules for non-teaching employees, which is adopted by the respondent University, the post of Section Officer is to be filled in the ratio of 34:66 by way of direct recruitment and promotion respectively. As per the appellant, the respondent-University issued an order whereby relaxation was given for experience for promotion on the post of Section Officer, but on 16.7.2016, the Board of Management of the respondent University in its 27 th meeting passed resolution to apply the rules of State Government and to fill up the post of Office Assistant and Section Officer from the eligible candidates by way of promotion and as per the resolution it is specifically provided that in the event of non-availability of candidate for promotion, the post can be filled in by direct recruitment.
(3.) In compliance of aforesaid decision, the order was issued by the respondent University on 9.9.2016. The appellants-petitioners filed their representation and reminder to the University for their promotion but the respondent University issued advertisement no.2/2017 whereby the applications were invited for appointment on the post of Section Officer. As per the appellants' case, a representation was submitted by Karmchari Kalyan Samiti with the request to grant one time relaxation for promotion and also prayed to fill up the post of Section Officer as per the service rules and not from the outside the University candidates, but University was bent upon to make recruitment on the post of Section officer, therefore, a writ petition was preferred by the petitioners so as to challenge the advertisement dated 17.1.2017 whereby the applications were invited for appointment on the post of Section Officer. ;