- (1.) This special appeal is directed against an order dated 23.4.08 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellant assailing the validity of order dated 10.6.06 passed by the respondent University appointing respondent No. 3 as Head , Department of Business Finance & Economics stands disposed of in light of a Bench decision of this court dated 27.4.06 rendered in D.B.Special Appeal(W) No. 118/06 "J.N.V.University, Jodhpur & Anr. v. Dr.Kamlesh Purohit".
(2.) Though, the matter comes up for admission, however, it is submitted by the appellant that he is bound to retire in the month of April,09 and if the matter is not heard and decided at this stage on an early date, it will render infructuous. In this view of the matter, with the consent of the learned counsel appearing for the parties, the special appeal was finally heard at the motion stage and the same is being decided by this order.
(3.) In nutshell, the relevant facts are that the appellant was initially appointed as Lecturer in Faculty of Commerce of the respondent-University on 6.7.1970 and thereafter as Associate Professor in the year 1984 by way of direct recruitment. After bifurcation of the Faculty of Commerce into four departments, being senior most Associate Professor, the appellant was appointed as Head of the Department of Business Finance & Economics w.e.f. 1.3.90. The appellant was appointed as Professor in the Commerce Faculty of the respondent-University through open selection on 30.12.91 pursuant to his regular selection by the Selection Committee. The appellant was continued as Head of the Department in terms of Statute 8(1)(c) of the Statutes of the University till 1.2.05 and thereafter, he was again appointed as Head of the Department w.e.f. 2.2.05 for a period of three years vide order dated 6.4.05 issued by the Registrar of the respondent-University. However, all of a sudden, the respondent-University vide order dated 10.6.06 appointed the respondent No. 3 Shri Roor Mal Sharma, an Associate Professor as with immediate effect for a period of three years. The appellant handed over the charge of the office of the Head of the Department to the respondent No. 3 on 14.6.06.;