RAKESH KUMAR MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present batch of writ petitions have been filed by the prospective applicants who are claiming themselves to be eligible for the post of Assistant Professor in their respective subjects in the University of Rajasthan but the respondents since failed to hold open selection through the process of direct recruitment, as envisages u/Sec.3(1) of the Rajasthan Universities' Teachers and Officers (Selection for Appointment) Act, 1974 and permitted the adhoc appointments to continue for more than two decades including illegal appointees as alleged have been absorbed by the Act No.22 of 2008 namely the Rajasthan Universities' Teachers (Absorption of Temporary Teachers) Act, 2008, their right of fair consideration for regular selection against the substantive posts has been seriously jeopardized.

(2.) With the consent of the parties, we have taken the facts of lead matter from D.B.Civil Writ Petition No.6324/2008 [Dr.Rakesh Kumar Meena and Others Vs. State of Rajasthan and Others].

(3.) The academic profile of the individual petitioner regarding their qualification with track record has been disclosed in Schedule-A appended to the petition and their grievance is that the petitioners are members of open/reserved category and the process of holding regular selections has never been invoked by the respondents which the University was under an obligation to hold under the Act, 1974 and permitting adhoc appointment to continue for more than two decades, their absorption by the later Act of 2008, right of fair consideration and their participation in the selection process to be appointed on the post of Assistant Professor against substantive posts and to become member of service under the Act, 1974 has been seriously jeopardized, which according to them is per se arbitrary exercise of power and violative of Art.14 of the Constitution of India.