Citation : 2021 Latest Caselaw 12700 Raj
Judgement Date : 13 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 347/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Head Office, Residency Road, Jodhpur.
----Appellants Versus Mukesh Sharma S/o Shri Ram Swaroop Sharma, Resident Of Village Nosar, Tehsil Osian, Dist. Jodhpur, Presently Working As Chowkidar In the Engineering Hostel No. 8, Jai Narain Vyas University, Jodhpur.
----Respondent Connected With D.B. Spl. Appl. Writ No. 1759/2018
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur
----Appellants Versus Shera Tak (Miss) D/o Shri Om Prakash Tak, Aged About 45 Years, By Case Sen, 7/g-32, Kuri Housing Board, Jodhpur (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 1791/2018
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Harish Kumar Parihar S/o Shri Narsa Ram, Aged About 36 Years, By Category Sc, R/o C-182, Rameshwar Nagar, Basni, First Phase, Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 1853/2018
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants
Versus
(2 of 39) [SAW-347/2019]
Sampat Raj S/o Shri Mehra Ram, Aged About 34 Years, By Category Obc, R/o House No. 68, Rajeev Nagar, Basni 1St Phase, Kudi Road, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 1857/2018
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Vijay Singh Chouhan S/o Shri Bheru Singh, Aged About 49 Years, B/c Obc, 61 Nehru Colony, Ratanada, Jodhpur (Raj)
----Respondent D.B. Spl. Appl. Writ No. 1864/2018
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Deva Ram S/o Shri Mehra Ram, Aged About 42 Years, By Category Obc, R/o House No. 68,l Rajeev Nagar, Basni First Phase, Kudi Road, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 1865/2018
1. Jai Narain Vyas University Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur
----Appellants Versus Komal Singh Charan S/o Shri Hari Singh Charan, Aged About 35 Years, By Category Obc, A-419, Saraswati Nagar, Basni First Phase, Jodhpur (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 1870/2018
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Indra Singh S/o Shri Om Prakash, Aged About 38 Years, By Caste
(3 of 39) [SAW-347/2019]
Rawna Rajput, R/o 139, Rawala Kot, Jhalamand, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 1871/2018
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Sunil Verma S/o Shri Prem Sukh Verma, Aged About 31 Years, By Category Obc, R/o Near Ganesh Chowk, Gandhiyon Ki Gali, City Police, Jodhpur (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 1874/2018
1. Jai Narayan Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Pankaj Kumar Sharma S/o Late Shri Vinay Kumar Sharma, Aged About 47 Years, By Category General, R/o C-171, Shastri Nagar, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 1891/2018 Jai Narain Vyas University, Jodhpur Through Its Registrar.
----Appellant Versus
1. Madho Singh S/o Shri Shaitan Singh, Aged About 38 Years, By Category Obc, R/o P. No. 60, Gulab Nagar C Sector C , B.j.s. Colony, Jodhpur (Raj.)
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents D.B. Spl. Appl. Writ No. 1898/2018 Jai Narain Vyas University, Jodhpur Through Its Registrar.
----Appellant Versus
1. Narendra Singh Chouhan S/o Shri Bheru Singh, Aged About 36 Years, By Category Obc R/o 61, Nehru Colony,
(4 of 39) [SAW-347/2019]
Ratanada, Jodhpur (Raj.).
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents D.B. Spl. Appl. Writ No. 1911/2018
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Mahendra Singh Bhati S/o Shri Mal Singh Bhati, Aged About 32 Years, By Caste Rawana Rajput, House No. 63-F, Near New James School, Basni First Phase, Jodhpur (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 127/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Arjun Ram Choudhary S/o Shri Poona Ram, Aged About 50 Years, By Category Obc, R/o C/o Hari Ram Dudi, Plot No. 11, Kbh Road, Karni Nagar, Basni 1St Phase, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 133/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Virendra Sharma S/o Shri Omprakash Sharma, Aged About 41 Years, By Category General, R/o Vidhya Bhawan, Hakam Bagh, Opp. Sardar School, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 135/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Naraian Vyas University, Jodhpur.
----Appellants Versus Baldev Ram S/o Shri Bagga Ram, Aged About 42 Years, By Caste
(5 of 39) [SAW-347/2019]
Category Obc, R/o Village Nandra Kalla, Singdo Ki Dhani, District Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 138/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Manish Raney S/o Shri Nand Lal Raney, Aged About 32 Years, By Category General, R/o Meera Niwas, First C Road, Sardarpura, Opp. Azad Hind College Road, Jodhpur (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 163/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Shrawan Ram Meghwal S/o Shri Baldev Ram, Aged About 30 Years, By Caste Meghwal (Sc), R/o Meghwalon Ka Bas, Village And Post Khangata, Tehsil Pipar City, Dist. Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 169/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur. Head Office, Residency Road, Jodhpur.
----Appellants Versus Dinesh Sharma S/o Shri Sohan Lal Sharma, Presently Working As Class Iv Employee/assistant Employee In The Office Of Mbm Engineering College And Board Of Sports, Jai Narain Vyas University, Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 170/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registar, Jai Narain Vyas University, Jodhpur.
----Appellants
(6 of 39) [SAW-347/2019]
Versus
Jai Narayan Sharma S/o Shri Chandra Shekhar Sharma, Aged About 41 Years, R/o Paharganj IInd Colony, Lalsagar, Mandore Road, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 171/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Sunil Kumar Tak S/o Shri Manohar Lal, Aged About 32 Years, By Caste Sen, R/o D-22, Rameshwar Nagar, Basni First Phase, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 221/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Prem Singh S/o Shri Mod Singh, Aged About 36 Years, By Caste Rawana Rajput, R/o- Village Gadav, Post- Karwar, Tehsil And Dist. Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 222/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Madan Singh S/o Shri Mod Singh, Aged About 40 Years, By Caste Rawana Rajput, R/o Village Gadav, Post Karwar, Tehsil And Dist. Jodhpur (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 241/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Director, University Science Instrumentation Centre, Jai Narain Vyas University, Jodhpur.
(7 of 39) [SAW-347/2019]
----Appellants
Versus
Jagdish Prasad S/o Shri Kasi Ram, Aged About 43 Years, Resident Of Naya Talab, Moti Kund, Inside Nagauri Gate, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 243/2019
1.Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University,Jodhpur
----Appellant Versus
1. Ganpat Singh S/o Shri Bagtawar Singh, Aged About 43 Years, By Caste Rawana Rajput, R/o 285, Hanuman Dhari, Guda Road, Jhalamand, Jodhpur (Raj.).
----Respondents D.B. Spl. Appl. Writ No. 244/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Jai Ram S/o Shri Bhoora Ram, Aged About 40 Years, By Caste Jat, R/o Naya Bera, Village And Post Khangata, Teh. Pipar City, Dist. Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 245/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Narendra Kumar Bhatt S/o Shri S.p. Bhatt, Aged About 54 Years, R/o Bhatto Ka Vass, Bharampuri, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 247/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University,jodhpur
----Appellants
(8 of 39) [SAW-347/2019]
Versus Narayan Ram S/o Shri Magna Ram, Aged About 58 Years, B/c Sen, 149, Nainon Ka Bas, Vpo Khabra Khurd, Tehsil Osian, Dist. Jodhpur (Raj).
----Respondent D.B. Spl. Appl. Writ No. 251/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Rajendra Singh S/o Shri Matabux, Aged About 43 Years, R/o Opposite Baba Ramdeo Temple, Sanotshpura, Masuriya, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 278/2019
1. Jai Narain Vyas University,jodhpur, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Kavita Panwar Mrs. D/o Late Shri Bihari Singh Panwar, Aged About 39 Years, Category Obc, R/o Fort Road, Bagar Beri, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 304/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Ram Prakash S/o Shri Seeta Ram Faroda, Aged About 29 Years, By Caste Jat, R/o Hanumanpura, Village And Post Khangata, Tehsil Pipar City, Dist. Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 305/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants
(9 of 39) [SAW-347/2019]
Versus
Rajendra Singh S/o Shri Ajeet Singh, Aged About 36 Years, By Caste Category General, R/o- Makan No. 40, East Patel Nagar, Circuit House Road, Ratanada, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 306/2019
1. Jai Narain Vyas University,Jodhpur through
Registrar, Jai Narain Vyas University, Jodhpur.
----Appellant Versus Murlidhar S/o Shri Rambux, Aged About 50 Years, By Caste Harijan, R/o 4/161, K.k. Colony, Basni 1St Phase, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 307/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Vijay Gaur S/o Shri Jagdish Prasad Gaur, Aged About 43 Years, By Caste Gaur, R/o Meharon Ka Chowk, Naya Bas, Pipali Ki Gali, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 310/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Himmat Singh S/o Shri Ratan Singh, Aged About 28 Years, By Category Obc, R/o- D-94, Rameshwar Nagar, Basni 1St Phase, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 320/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants
(10 of 39) [SAW-347/2019]
Versus
Vimla (Mrs.) D/o Shri Aatma Ram, Aged About 38 Years, By Caste Harijan, R/o 262, Nehru Colony, Paanch Batti Circle, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 321/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Manish Pal Singh S/o Shri Rajendra Singh, Aged About 36 Years, By Category Obc, R/o 66-A, Opposite Dhandi School, Jhalamand, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 322/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Kamlesh S/o Shri Aatma Ram, Aged About 37 Years, By Caste Harijan, R/o 262, Nehru Colony, Paanch Batti Circle, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 323/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Anand Singh Gehlot S/o Shri Babu Lal Gehlot, Age about 45 years, By Category Obc, R/o Soorsagar Thane Ke Pass, Chandpole Road, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 324/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants
(11 of 39) [SAW-347/2019]
Versus
Narpat Kumar S/o Late Shri Pema Ram, Aged About 42 Years, R/o Jawahar Colony, Sardar Club, Ratanada, Dist. Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 325/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Babu Lal S/o Shri Chunni Lal, Aged About 33 Years, By Caste Saragara, R/o. 41/4, Marusthali Awas Colony, Engg. Hostel, Residency Road, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 328/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Sanjani W/o Shri Ratan Singh, Aged About 42 Years, By Category Obc, R/o- D-94, Rameshwar Nagar, Basni First Phase, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 330/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Ramesh Vaishnav S/o Shri Jagdish Prasad, Aged About 44 Years, By Category Obc, R/o Sunaro Ki Bagechi, Ratanada, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 331/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Naran Vyas University, Jodhpur.
----Appellants Versus Sajjan Singh S/o Shri Lakh Singh, Aged About 28 Years, By
(12 of 39) [SAW-347/2019]
Category General, R/o Village Post Bastwa, Tehsil Balesar, District Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 332/2019
1. Jai Narain Vyas University, Jodhpur, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University Jodhpur.
----Appellants Versus Nirmala D/o Late Shri Prabhu Singh, Aged About 50 Years, R/o 239, Nehru Colony, Panch Batti Road, Ratanada, Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 333/2019
1. Jai Narain Vyas University, Jodhpur, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Vikram Gharu S/o Shri Hari Ram, Aged About 36 Years, By Caste Harijan, R/o 257, Nehru Colony, Paanch Batti Circle, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 342/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar
2. Registrar, Jai Naran Vyas University, Jodhpur.
3. The Dean, Faculty Of Arts, Jai Naran Vyas University, Jodhpur.
----Appellants Versus Vikas Parmar S/o Shri Ramesh Chandra Parmar, Aged About 30 Years, By Caste Sargara, Resident Of Jagjeevan Ram Colony, Khetanadi, Mandore Road, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 344/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
(13 of 39) [SAW-347/2019]
----Appellants
Versus
Arjun Ram S/o Shri Ghevar Ram, Aged About 30 Years, By Caste Meghwal, R/o House No. 118, Jagdamba Colony, Pratap Nagar, Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 350/2019 Jai Narain Vyas University Jodhpur, Through Its Registrar.
----Appellant Versus Deena Ram S/o Shri Mandroop Ram, Aged About 44 Years, R/o Village Khangta, Tehsil Pipad City, Dist. Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 354/2019
1. Jai Narain Vyas University, through its Registrar
2. Registrar, Jai Narain Vyas Unviersity, Jodhpur. Head Office, Residency Road, Jodhpur.
----Appellant Versus Tej Raj S/o Late Shri Kishan Lal, Resident Of Shanti Nagar, Masuriya Colony, Jodhpur- Presently Working As Lab Assistant In The Office Of Computer Science And Engineering Department, Jai Narayan Vyas University, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 356/2019
1. Jai Narain Vyas University, Jodhpur, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Sunil Kumar S/o Shri Gopa Ram Solanki, Aged About 31 Years, By Category Obc, R/o 56, Balaji Nagar, Salawas Road, Sangariya, Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 360/2019
1. Jai Narain Vyas University, Jodhpur, Jodhpur Through Its Registrar.
(14 of 39) [SAW-347/2019]
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Vinod Kumar S/o Shri Desha Ram, Aged About 31 Years, R/o- At Present L-213, B Railway Medical Colony, Old Loko, Dist. Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 361/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Madan Singh S/o Shri Mohan Singh, Aged About 44 Years, By Category Obc, R/o. 130, Ghanchi Colony, New Pali Road, Bhagat Ki Kothi, Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 362/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Dilip Solanki S/o Late Shri Hari Singh Solanki, Aged About 26 Years, By Category Obc R/o Gali No. 5, Ram Chowk, Jaloriyon Ka Bas, Inside Nagori Gate, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 363/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Praveen S/o Shri Mangilal, Aged About 30 Years, By Category Sc, R/o., Ch-24, High Court Colony, Ratanada, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 375/2019
1. Jai Narain Vyas University Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur. Head Office,
(15 of 39) [SAW-347/2019]
Residency Road, Jodhpur.
----Appellants Versus Rajendra Singh S/o Shri Mool Singh, Aged About 47 Years, Resident Of Janta Colony, House No. 114, 1St Phase, Rameshwar Nagar, Jodhpur. Presently Working As Peon/chowkidar In The Health Care Centre, Jai Narain Vyas University, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 382/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Raj Kumari D/o Shri Jagdish Singh Deora, Aged About 47 Years, By Category General, R/o Pachetia Hilla, Navchowkia, Inside Jalori Gate, Jodhpur (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 387/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Pramod Singh S/o Shri Ram Singh, Aged About 28 Years, By Caste Rawana Rajput, R/o 137, Ravala Kot, Jhalamand, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 395/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Ashok Sen S/o Shri Mangi Lal Sen, Aged About 27 Years, By Category Obc, R/o Plot No. 446, Vaishnav Colony, Gali No. 11, Balaji Mandir Road, Chandna Bhakar, Jodhpur (Raj.).
----Respondent
(16 of 39) [SAW-347/2019]
D.B. Spl. Appl. Writ No. 404/2019
1. Jai Narain Vyas University, Jodhpur Through Its Vice Chancellor At Central Office, Jodhpur.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Sunil Kumar Ojha S/o Late Sh. Hari Lal Ji Ojha, By Caste Ojha, Resident Of Chand Baori, Navchokiya, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 411/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Dhan Raj S/o Shri Chandu Ram, Aged About 42 Years, By Caste Harijan, R/o 252, Nehru Colony, Paanch Batti Circle, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 419/2019 The Jai Narain Vyas University Jodhpur, Through Its Registrar.
----Appellant Versus Ram Prasad S/o Shri Babu Lalji Sharma, Aged About 32 Years, Mahamandir, Junibagar, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 442/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Jai Kanwar W/o Shri Dharmendra Singh Panwar, Aged About 36 Years, By Castegory Obc, R/o Plot No. 13, Gaj Kripa, Old Police Line, Rai Ka Bag, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 443/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas Unversity, Jodhpur.
(17 of 39) [SAW-347/2019]
----Appellants
Versus
Vishnu Kumar S/o Shri Bankelal Prajapat, Aged About 31 Years, By Category Obc, R/o. Krashi Mandi Ke Piche, Maderna Colony, Pipli Chowk, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 449/2019 Jai Narain Vyas University, Jodhpur, Through Its Registrar. Registrar, Jai Narain Vyas University, Jodhpur
----Appellant Versus
1. Nemi Chand S/o Shri Ota Ram, Aged About 33 Years, By Category Sc, R/o C-156, Rameshwar Nagar, Basni 1St Phase, Jodhpur (Raj.).
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Respondents D.B. Spl. Appl. Writ No. 452/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Mohd. Hanif S/o Shri Abdul Hamid, Age about 43 years R/o Maderna Colony, Kayamkhanii Mohalla, Near Masjid, Bhadwasiya, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 454/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Sobhagmal Morya S/o Shri Suresh Chand, Aged About 47 Years, By Caste Category Sc, R/o 1101/21, Morya Bhawan, Peer Road, Diggi Bazar, Dist. Ajmer (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 455/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
(18 of 39) [SAW-347/2019]
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Yogeshwar S/o Shri Om Prakash Chouhan, Aged About 46 Years, R/o Hathi Ram Ka Odha, Ranawat Mandir Ke Samene, Dist. Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 496/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Vandana Chouhan S/o Shri Pukhraj Chouhan, Aged About 37 Years, By Category Sc, R/o- House No. 72, Jawahar Colony, Near Sardar Club, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 497/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Sapna Koli D/o Shri Naval Kishore, Aged About 35 Years, By Caste Koli, R/o 355, Railway Quarters, Rpf Backside, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 498/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Head Office, Residency Road, Jodhpur.
----Appellants Versus
1. Shrawan Kumar S/o Late Shri Pema Ram, Aged About 41 Years, By Caste Sargara, Presently Working As Class Iv Employee In Jai Narain Vyas University, Jodhpur, Resident Of Plot No. 114, Jawahar Colony, Near Sardar Club, Dist. Jodhpur (Rajasthan)
2. Parmeshwar Singh S/o Shri Bodu Ram,, Aged About 39
(19 of 39) [SAW-347/2019]
Years, By Caste Matwa, Presently Working As Chowkidar At Derashree Hospital, New Campus, Jai Narain Vyas University, Jodhpur.
3. Sujan Singh S/o Shri Chain Singh,, Aged About 34 Years, By Caste Rajput, Presently Working As Driver/peon In Confidential Branch, Head Office, Jai Narain Vyas University, Jodhpur.
4. Deepak Kumar S/o Shri Pema Ram,, Aged About 41 Years, Presently Working As Peon/chowkidar In Mining Wing, Mbm Engineering College, Jai Narain Vyas University, Jodhpur.
5. Rajendra Singh S/o Shri Takhat Singh,, Aged About 39 Years, By Caste Rajput, Presently Working As Chowkidar In Building Cell (Store), Jai Narain Vyas University, Jodhpur.
6. Rameshwar Das S/o Shri Mangi Lal,, Age about 42 years, By Caste Vaishnav, Presently Working As Driver Cum Peon In Examination Section, Jai Narain Vyas University, Jodhpur.
7. Lal Singh S/o Shri Bodu Singh,, Aged About 44 Years, Presently Working As Peon Cum Chowkidar In Vice Chancellor Bungalow, Jai Narain Vyas University, Jodhpur.
----Respondents D.B. Spl. Appl. Writ No. 499/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Mahesh Ram S/o Shri Amra Ram, Aged About 28 Years, By Category Obc, R/o Haryana Konri, Agolai, Tehsil Balesar, Dist. Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 500/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Nrain Vyas University, Jodhpur.
----Appellants Versus Jitendra Verma S/o Shri Om Prakash Verma, Aged About 36
(20 of 39) [SAW-347/2019]
Years, By Category Obc, R/o Backside Of Ramdev Mandir, Suthala, Chopasani Road, Jodhpur (Raj.)
----Respondent D.B. Spl. Appl. Writ No. 523/2019
1. Jai Narayan Vyas University Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Dr. Nirmal Tak S/o Shri Narendra Singh Tak, Aged About 38 Years, Resident Of Inside Nagori Gate, Vijay Chowk, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 549/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Mahendra Singh Mundel S/o Shri Hari Ram Mundel, Aged About 31 Years, By Category Obc, R/o Village Post Khangta, Tehsil Pipar City, Dist. Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 552/2019
1. Jai Narayan Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur Head Office, Residency Road, Jodhpur.
----Appellants Versus Parbat S/o Shri Babulal Siyota, Aged About 28 Years, House No. 988, Kheme Ka Kua, Near K.r. Public School, Pal Road, Jodhpur- Presently Working As Peon In The Office Of Electronic And Computer Engineering Department, Jai Narayan Vyas University, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 553/2019
1. Jai Narayan Vyas University, Jodhpur Through Its Registrar.
(21 of 39) [SAW-347/2019]
2. Registrar, Jai Narain Vyas University, Jodhpur Head Office, Residency Road, Jodhpur.
----Appellants Versus Bharat Singh Chouhan S/o Shri Prahlad Singh Chouhan, Aged About 25 Years, House No. 64, Sector-F, Rameshwar Nagar, Near James School, Basni First Phase, Jodhpur- Presently Working As Peon/class-II Employee In The Office Of Electronic And Communications Engineering Department, Jai Narayan Vyas University, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 564/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Virendra Kumar Sharma S/o Shri Ramratan Sharma, Aged About 45 Years, By Caste Brahmin, Resident Of 8Th, Residency Road, House No. 11-A, Karmchari Colony, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 567/2019
1. Jai Narayan Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Kewal Chand S/o Shri Purkha Ram, Aged About 39 Years, Resident Of Sanjay Colony, Basni First Phase, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 572/2019
1. Jai Narayan Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur Head Office, Residency Road, Jodhpur.
----Appellants Versus Rajendra Singh S/o Late Shri Girdhari Singh, Aged About 33
(22 of 39) [SAW-347/2019]
Years, Plot No. 69, Janta Colony, Rameshwar Nagar, Jodhpur- Presently Working As Peon In The Office Of Electronic And Communications Engineering Department, Jai Narayan Vyas University, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 577/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Manoj Singh S/o Shri Mala Ram, Aged About 29 Years, By Category Obc, R/o Village And Post Chitawa, Tehsil Kuchaman, Dist. Nagaur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 605/2019 The Jai Narain Vyas University,jodhpur, Through Its Registrar.
----Appellant Versus Mohammed Aslam S/o Atta Mohammed, Aged About 40 Years, R/ o Karnal Sahab Ki Haveli, Udai Mandir Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 761/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Alan Lawerence S/o Shri Zoey F. Franks, Aged About 42 Years, By Category General, R/o House No. 18, Nayapura, Lal Sagar Mandore, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 762/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Rajendra Bora S/o Shri Ram Krishna Bora, Aged About 54 Years,
(23 of 39) [SAW-347/2019]
By Category General, R/o Near Boharon Ki Pole, Khanda Phalsa, Inside Jalori Gate, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 763/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Hitendra Parihar S/o Shri Thanchand Parihar, Aged About 29 Years, By Category Sc, R/o 73, Jawahar Colony, Opp. Polo Ground, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 764/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Harikishan Bohra S/o Shri Vishwambhar Lal Bohra, Aged About 48 Years, By Category General, R/o 94, Gayatri Nagar, Behind Latiyal Vatika, Pal Road, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 765/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Madan Lal S/o Shri Chandu Lal, Aged About 46 Years, By Caste Harijan, R/o 262, Nehru Colony, Paanch Batti Circle, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 766/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Prakash Prajapat S/o Shri Sohan Lal Prajapat, Aged About 39 Years, By Category Obc, R/o Manak Chowk, Naya Bas, Ramdev Ji
(24 of 39) [SAW-347/2019]
Ki Gali, Near Chitra Cinema, Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 767/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Prem Singh S/o Late Shri Narayan Singh Daiya, Aged About 46 Years, By Category Obc, R/o- Plot No. 46, Bhagwan Nagar, Near Tagore School, Bjs, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 854/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Anand Singh S/o Shri Banshi Singh, Aged About 35 Years, By Caste Rajput, R/o Jhalamand Chouraya, House No. 60, Vayu Vihar Colony, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 856/2019
1. Jai Narain Vyas University, Jodhpur, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Madan Lal S/o Gulab Ram, Aged About 41 Years, By Category Sc, R/o Plot No.113, Jawahar Colony, Near Sardar Club, Residency Road, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 888/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Dalpat Singh S/o Shri Banshi Lal Chouhan, Aged About 44 Years,
(25 of 39) [SAW-347/2019]
Resident Of Plot No. 9-B, Panchwati Colony, Ratanada, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 889/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur. Head Office, Residency Road, Jodhpur.
----Appellants Versus Chandar Singh S/o Shri Mangi Lal, Resident Of C-469, Saraswati Nagar, Basni 1St Phase, Jodhpur. Presently Working As Class Iv Employee/lab Assistant In The Office Of Faculty Of Computer Science And Engineering Department, Mbm Engineering College, Jai Narain Vyas University, Jodhpur (Rajasthan).
----Respondent D.B. Spl. Appl. Writ No. 890/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur. Head Office, Residency Road, Jodhpur
----Appellants Versus Man Prakash S/o Shri Prem Prakash, Resident Of Servant Quarter No. 4, In Front Of Green Gate, Mbm Engineering College, Jai Narain Vyas University, Jodhpur. Presently Working As Chowkidar In The Office Of Production And Industrial Engineering, Faculty Of Engineering And Architecture, Jai Narain Vyas University, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 891/2019
1. Jai Narain Vyas University, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Jitendra Singh S/o Shri Jhuth Singh, Age about 36 years, R/o C/o Mangilal Ji, H. No. 1, Near New Marwar Hotel, High Court Colony, Jodhpur, Rajasthan.
----Respondent D.B. Spl. Appl. Writ No. 892/2019
(26 of 39) [SAW-347/2019]
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Mohd. Ehesan S/o Late Nishar Ahmed, Resident Of Farashon Ka Mohalla, Moti Chowk, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 934/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Rajendra Singh S/o Shri Babu Singh, Aged About 42 Years, By Caste Rawana Rajput, R/o 309, Hanuman Dhari, Guda Road, Jhalamand, Jodhpur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 941/2019
1. Jai Narain Vyas University, Jodhpur, Jodhpur Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. The Dean, Faculty Of Arts, Jai Narayan Vyas, University, Jodhpur.
----Appellants Versus Shanti Lal S/o Shri Bhagwan Ram, Aged About 43 Years, By Caste Sargara, Resident Of - Jagjeevan Ram Colony, Khetanadi, Mandore Road, Jodhpur (Jodhpur)
----Respondent D.B. Spl. Appl. Writ No. 955/2019
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Rajni W/o Shri Yashpal Singh Shekhawat, Aged About 43 Years, R/o Plot No. Hudco Quarter, Sector E-170, Kamla Nehru Nagar, Jodhpur (Rajasthan)
(27 of 39) [SAW-347/2019]
----Respondent D.B. Spl. Appl. Writ No. 956/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
3. The Dean, Faulty Of Engineer, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Sohan Lal S/o Shri Narayan Das, Aged About 59 Years, Resident Of Plot No. 365, Laxmi Nagar, Paota C Road, Jodhpur.
----Respondent D.B. Spl. Appl. Writ No. 957/2019
1. Jai Narain Vyas University,jodhpur, Through Its Registrar.
2. Registrar, Jai Narain Vyas University, Jodhpur.
----Appellants Versus Dinesh Bugasara S/o Shri Shankar Lal, Age about 30 years By Caste Jat, R/o Village Khorwa, Post Bhuwanda, Tehsil Kheevsar, Dist. Nagaur (Raj.).
----Respondent D.B. Spl. Appl. Writ No. 333/2020 The Jai Narayan Vyas University, Jodhpur, Through Its Registrar
----Appellant Versus
Sajjan Singh S/o Kan Singh, By Caste Rajput, R/o Bhatti Ki Bawdi, Chopasani Housing Board, Jodhpur. (Raj.).
----Respondent
For Appellant(s) : Mr. Prithvi Raj Singh Jodha For Respondent(s) : Mr. Manish Vyas, AAG assisted by Mr. Kailash Choudhary Dr. AA Bhansali Dr. Nikhil Dungawat Mr. Nihar Jain Mr. SKM Vyas
(28 of 39) [SAW-347/2019]
Mr. Manoj Bhandari Mr. Govind Suthar Mr. Harish Purohit Mr. BS Sandhu Mr. R.S. Choudhary Mr. Firoz Khan Mr. Mohit Singh Choudhary
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgement Reserved on :- 10.08.2021 Judgment Pronounced on :- 13th.08.2021 (Per : Hon'ble Mr. Vinit Kumar Mathur,J.)
The defects pointed out by the Registry in some of the
appeals are over-ruled.
In some of the appeals, applications under Section 5 of the
Limitation Act have been filed for condonation of delay.
For the reasons mentioned in the applications, the same are
allowed and the delay caused in filing the appeals is condoned.
The present batch of appeals led by S.B. Civil Writ Petition
No. 1456/2016 Sunil Kumar Ojha vs. Jai Narayan Vyas University,
Jodhpur arise out of the order dated 16.01.2019 passed by the
learned Single Judge and other connected matters came to be
decided on different dates by the learned Single Judge i.e. on
30.08.2018, 17.07.2018, 20.07.2018, 14.08.2018, 14.02.2019 &
14.11.2018. Since the common question of law and fact is
involved in all these matters, as such, they are being disposed of
by this common judgment.
Brief facts which are required to be noted for deciding the
controversy are that respondents-petitioners were appointed on
different posts viz. Chowkidar/Peon, Book Attendant, LDC, Library
Assistant, Junior Accountant, Accountant, Helper, Staff Nurse,
(29 of 39) [SAW-347/2019]
Sweeper, Rakshak, Lab Bearer, Lab Attendant, Book Lifter, Security
Guard, Matron, Driver/Peon, LDC cum Computer Operator in the
appellant- Jai Narayan Vyas University, Jodhpur (hereinafter
referred to as the 'J.N.V University') on different dates through the
placement agency. Since, the respondents-petitioners had already
put in almost 15-30 years of service, they requested for
regularizing their services in the University but their services were
not regularised.
In the year 1999, the meetings of the Sub-Committee
constituted by the Vice Chancellor of the University were held on
22.03.1999 & 26.03.1999 for considering regularization of the
services of six persons who were rendering their services in a
similar fashion to the petitioners in the University on
contractual/daily wage basis. The said Sub-Committee
recommended for regularization of their services. The said
recommendation was confirmed in a Meeting of the Syndicate
dated 28.03.1999. Once again, the respondents-petitioners prayed
for regularizing their services on the ground of parity in view of
the decision taken by the Syndicate of the University on
28.03.1999 whereby six similarly situated employees were
confirmed and were also granted regular pay scale. However, the
same was not agreed to by the University.
It is noted that the University Administration vide its
Notification dated 27.10.2017 sought information in a prescribed
proforma from different departments regarding persons rendering
the services on contract basis, probably with a view to regularise
their services. However, when the grievances of the respondents-
petitioners were not redressed, separate writ petitions were filed
before this Court and the same were allowed by various Single
(30 of 39) [SAW-347/2019]
Benches of this Court directing the appellant-University to
regularize the services of the respondents-petitioners with all
consequential benefits.
To complete the factual matrix, it is also relevant to mention
that the writ petitions preferred by some of the employees were
allowed by the learned Single Benches and the appeals preferred
by the University against the same were also dismissed by the
Division Bench of this Court. In some of the cases, even the
Special Leave Petitions filed by the University before the Hon'ble
Supreme Court were also dismissed. The details of the same are
reproduced below in tabular form:-
1. JITENDRA KUMAR (PEON/CHOWKIDAR) S.No Type of Case No. Petitioner Vs Respondent Date of Status Case / Decision Appellant
1. SBCWP 8660/2011 Jitendra Vs JNVU 13.12.2013 Allowed in favour of Kumar employee/petitioner
2. DBSAW 354/2014 JNVU Vs Jitendra Kumar 18.07.2014 Appeal filed by Respondent University dismissed
3. SLP 30831/2014 JNVU Vs Jitendra Kumar 24.11.2014 SLP filed by Respondent University dismissed
4. WCP 84/2014 Jitendra Vs Mukesh 26.10.2016 Contempt allowed Kumar Choudhary & 21.11.2016 appointment as well Anr. as arrear of payments of due given to the employee on 24.10.2016.
2. DR. VIKRANT SHARMA (LDC)
S.No Type of Case No. Petitioner/ Vs Respondent Date of Status
Case Appellant Decision
1. SBCWP 375/2015 Dr. Vikrant Vs JNVU 03.08.2016 Allowed in favour of
Sharma employee/petitioner
2. DBSAW 7/2017 JNVU Vs Dr. Vikrant 21.02.2017 Appeal filed by
Sharma Respondent
University dismissed
3. SLP 1534/2018 JNVU Vs Dr. Vikrant 09.04.2018 SLP filed by
Sharma Respondent
University before
Supreme Court
dismissed
4. WCP 539/2017 Dr. Vikrant Vs Bhanwar 19.07.2018 Pending
Sharma Singh Sandu 09.04.2021 Appoint order dated
18.08.2018
3. DEEPAK DAVE (PEON)
S.N Type of Case No. Petitioner/ Vs Respondent Date of Status
o Case Appellant Decision
(31 of 39) [SAW-347/2019]
1. SBCWP 13750/2015 Deepak Dave Vs JNVU 13.12.2017 Allowed in terms of
Jitendra Kumar &
appointment was
given on 12.01.2018.
No Appeal was filed
by Respondent
University
Appointment order
dated 12.01.2018
2. WCP 601/2018 Deepak Dave Vs Pk Sharma & Anr. 01.05.2018 Pending
4. KHAMA RAM VISHNOI (ASSISTANT COORDINATOR)
5. PREM CHAND MEHTA (ASSISTANT CUM ACCOUNTANT)
6. NARENDRA SURANA (STENO CUM TYPIST)
S.No Type of Case No. Petitioner/ Vs Respondent Date of Status Case Appellant Decision
1. SBCWP 1316/2015 Khama Ram Vs JNVU 08.10.2018 Allowed in favour 1317/2015 Vishnoi of 832/2015 Prem Chand employee/petitione Mehta r Narendra Surana
2. DBSAW 574/2019 JNVU Vs Khama Ram 15.07.2019 Appeal filed by 574/2019 Vishnoi 07.08.2019 Respondent 574/2019 Prem Chand 07.08.2019 University Mehta dismissed Narendra Surana
3. SLP 11495/2020 JNVU Vs Khama Ram 14.10.2020 SLP filed by 8510/2020 Vishnoi 18.08.2020 Respondent 11494/2020 Prem Chand 14.10.2020 University before Mehta Supreme Court Narendra dismissed Surana
4. WCP 406/2019 Khama Ram Vs Ayub Khan 19.02.2021 Pending 393/2019 Vishnoi 468/2019 Prem Chand Mehta Narendra Surana
Heard learned counsel for the parties.
Mr. P.R. Singh, learned counsel for the appellant-University
vehemently submitted that the orders passed by the learned
Single Judge are unjust, improper and incorrect as the
respondents-petitioners were given appointment through the
placement agency and as such, there was no master-servant
relationship between the appellant-University and the
respondents-petitioners. Thus, there was no question for the
appellant-University to regularize the services of the respondents-
(32 of 39) [SAW-347/2019]
petitioners, more so, when the placement agency was not arrayed
as party respondent. He further contended that there was a
Memorandum of Understanding (MoU) between the University and
the State which provides that the State is the final authority for
creation of posts and filling up the vacancies and since the State
was not arrayed as party respondent in the writ petitions, the writ
petitions are liable to be dismissed on the ground of non-joinder of
parties also.
Learned counsel for the appellant-University argued that the
respondents-petitioners were employed through placement
agency, therefore, they cannot be termed as the employees of the
appellant-University and there was no question of regularizing
their services on the posts as mentioned above. In support of his
contentions, he relied upon the judgment of the Hon'ble Supreme
Court in the case of State of Rajasthan vs. Dayalal reported in
(2011) 2 SCC 429.
The learned counsel implored the Court that the case of Dr.
Vikrant Sharma vs. Jai Narayan Vyas University decided on
03.08.2016 is having no similarity with the case of the present
respondents-petitioners as Dr. Vikrant Sharma - petitioner therein
was appointed by the University and not through the
contractor/placement agency and, therefore, the learned Single
Judge fell in error while considering the case of respondents-
petitioners on the ground of parity with the case of Dr. Vikrant
Sharma. Learned counsel further submitted that the respondents-
petitioners were not appointed on the sanctioned strength of posts
and since they were appointed beyond the sanctioned strength of
the regular employees, their case cannot be considered for
regularization. He argued that while deciding the case of Deepak
(33 of 39) [SAW-347/2019]
Dave (supra), the learned Single Judge did not correctly apply the
law laid down in the case of Ramavtar Sharma and Ors. vs.
RSRTC and Ors. reported in 2015 (2) WLC (Raj) 112 and instead
relied upon the judgment rendered in the case of Jitendra Kumar
vs. Jai Narayan Vyas University decided on 13.12.2013.
Shri P.R. Singh, learned counsel for the appellant-University
vehemently argued that in the case of State of Bihar vs. Kirti
Narayan Prasad and Ors., the Hon'ble Supreme Court held that
observations made in the case of State of Karnataka vs. Uma Devi
cannot be made applicable in every case and, therefore, the
learned Single Judge fell in error while giving a direction of
regularization to the appellant-University in the present case.
The applications preferred by the State of Rajasthan for
impleading as party-respondent were allowed. Shri Manish Vyas,
learned Additional Advocate General appearing for the State of
Rajasthan adopted the arguments of the learned counsel for the
appellant-University and submits that the learned Single Judge
committed an error while passing the order of regularization in
favour of the respondents-petitioners.
Per contra, the learned counsels appearing for the
respondents-petitioners supported the judgment delivered by the
learned Single Bench in their favour on the ground that
respondents-petitioners are serving the appellant-University for
almost 15-30 years on different posts. They submitted that the
respondents-petitioners are rendering their services for such a
long period shows that there is a perennial nature of work and the
University is functioning in full vigour and strength, therefore, not
regularizing the services of the respondents-petitioners, is nothing
but jeopardizing their future and livelihood as the sword of
(34 of 39) [SAW-347/2019]
disengagement and termination will always hang on their head.
They further submitted that not regularizing the services of the
respondents-petitioners is not only unfair and unreasonable but,
the same can be termed as unfair labour practice also.
The learned counsels have further submitted that the
continuance of the respondents-petitioners in service for almost
15-30 years shows that University is not only in need of their
services, but their services have also been found to be
satisfactory. They submitted that the appellant-University
regularized the services of similarly placed employees way back in
the year 1999 and thereafter, different judgments have been
passed in the case of the similarly situated employees. Learned
counsel, therefore, submitted that on the same lines, relief may
be extended to the respondents-petitioners and the appeals may
be dismissed as has been done in the cases of Jitendra Kumar,
Vikrant Sharma, Khema Ram Bishnoi, Premchand Mehta and
Narendra Surana.
It is further submitted that challenge to the Division Bench
judgments passed by this Court have been rejected by Hon'ble the
Supreme Court as the Special Leave Petitions filed by the
appellant-University have been dismissed. They submitted that the
University took up the matter by collecting the information of the
respondents-petitioners for regularization, but the same has not
been culminated into the orders passed for regularization in their
cases. Learned counsel have relied upon the judgments passed by
this Court for extending the similar benefits in their cases. They
also relied upon the judgments of Hon'ble Supreme Court in the
cases of Narendra Kumar Tiwari and Ors. vs. State of Jharkhand
& Ors. AIR 2018 SC 358, Vice Chancellor, Lucknow University,
(35 of 39) [SAW-347/2019]
Lucknow, Uttar Pradesh vs. Akhilesh Kumar Khare and Anr. AIR
2015 SC 347, ONGC Ltd. vs. Petroleum Coal Labour Union and
Ors. AIR 2015 SCW 2866, Amarkant Rai vs. State of Bihar AIR
2015 SC (supp.) 1229, Sheo Narian Nagar and Ors. vs. State of
Uttar Pradesh and Anr. AIR 2018 SC 233.
We have heard learned counsel for the parties, considered
the submissions made at the Bar and have gone through the
pleadings, written submissions as well as the judgments relied
upon by the counsel for the parties.
The admitted facts in the present case are that appellant -
(Jodhpur University, erstwhile) now Jai Narayan Vyas University,
Jodhpur was established in the year 1962 and even today
thousands of students are enrolled and undergoing studies in
different disciplines. The respondents-petitioners were appointed
on different posts as mentioned above on different dates and they
are still serving the appellant-University till date. Most of the
respondents-petitioners have rendered almost 15-30 years of
service. It is also worth noticing that services of some of the
similarly situated employees were regularized by the University in
the year 1999. Since the University itself had taken up the cases
for regularization of some of the employees on its own, therefore,
there is no reason for the appellant-University in not extending the
same benefit in the case of respondents-petitioners. We also note
that the respondents-petitioners are serving the appellant-
University for a considerable period of time (almost 15-30 years)
and the sword of uncertainty cannot be allowed to hang on their
head.
The learned counsel for the appellant-University failed to
distinguish the case of the present respondents-petitioners from
(36 of 39) [SAW-347/2019]
the cases of the persons in whose favour, the judgments have
been rendered by this Court and against the said judgments,
Special Leave Petitions have also been rejected by Hon'ble the
Supreme Court. It is also noticed that the submissions made by
learned counsel for the appellant-University were already taken
note of by this Court in the earlier judgments and, therefore, there
is no reason for us to take a different view in the present batch of
appeals. The learned Single Judge rightly held that the
respondents-petitioners are entitled to the same relief as
extended in favour of Jitendra Kumar and Ors.
Learned counsel for the appellant-University submitted that
there is no direct relationship between the respondents-petitioners
and the University. It is noticed that the respondents-petitioners
are directly serving under the University administration and they
are directly under the command and control of the appellant-
University. The continuance of respondents-petitioners in service
for a period of 15-30 years shows the perennial nature of work
and since there are no complaints/adverse remarks pointed out by
the appellant-University against respondents-petitioners, it can be
deemed that the services rendered by the respondents-petitioners
are satisfactory. Thus, we are of the view that even as per the
judgment of the Constitution Bench of the Hon'ble Supreme Court
in the case of Secretary, State of Karnataka & Ors. vs. Uma Devi
& Ors. reported in AIR 2006 SC 1806, the services of the
respondents-petitioners are liable to be regularized.
As far as the argument with respect to the number of
persons working in the University on contractual/daily wage basis
is outnumbering the sanctioned posts in the University is
concerned, Mr. Singh frankly submitted that services of the
(37 of 39) [SAW-347/2019]
respondents-petitioners are being utilized by them without an
exception which shows that there is sufficient amount of work to
justify the appointment of the respondents-petitioners.
On a pointed query being raised to the counsel for the
appellant, he submitted that no disciplinary proceeding is pending
against any of the respondents-petitioners and their conduct is
found to be satisfactory.
The argument of the learned counsel for the appellant-
University of non-joinder of the State of Rajasthan as party
respondent is noted to be rejected for the reason that in some of
the cases, the State of Rajasthan has been arrayed as respondent.
Even otherwise, it is the responsibility of the appellant-University
to take necessary sanction/clearance from the State of Rajasthan
for regularization of the respondents-petitioners as their services
are being utilized in the University for almost 2-3 decades. The
judgments relied upon by the learned counsel are clearly
distinguishable on the facts of the present case as the similarly
situated persons have been regularized by the University and in
other cases, this Court has already pronounced the judgments by
various orders which have been affirmed by the Division Bench
and also by the Hon'ble Supreme Court.
The Hon'ble Supreme Court in State of Uttar Pradesh v.
Arvind Kumar Srivastava (2015) 1 SCC 347 was pleased to
observed as under :-
22.1. The normal Rule is that when a particular set of employees is given relief by the court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle
(38 of 39) [SAW-347/2019]
needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal Rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.
22.2. However, this principle is subject to well- recognised exceptions in the form of laches and delays as well as acquiescence. Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their conterparts who had approached the court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them. They would be treated as fence-sitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim.
22.3. However, this exception may not apply in those cases where the judgment pronounced by the court was judgment in rem with intention to give benefit to all similarly situated persons, whether they approached the court or not. With such a pronouncement the obligation is cast upon the authorities to itself extend the benefit thereof to all similarly situated persons. Such a situation can occur when the subject-matter of the decision touches upon the policy matters, like scheme of regularization."
We are also of the view that since the similarly situated
persons have already been extended the benefit of regularization,
the University should have taken up the cases of the respondents-
petitioners on its own and as a model employer if a judgment has
been pronounced by a Court of law, then the persons who are
similarly situated and working in the organization should not be
dragged in the Courts of law by not extending the same benefits
(39 of 39) [SAW-347/2019]
as the employer is under an obligation to extend the same benefit
to those persons who have not even approached the Court of law.
Our opinion in the preceding para is fortified by the
observations of Hon'ble the Supreme Court in somewhat similar
case titled as Vice Chancellor, Anand Agriculture University vs.
Kanubhai Nanubhai Vaghela & Ors. (Civil Appeal No. 4443 of
2021) decided on 26.07.2021 has also held as under:-
13. By an order dated 17.10.2011, persons similarly situated to the Respondents were absorbed by being given the benefit of regularization. The Division Bench of the High Court has taken note of the discriminatory approach of the university in conferring the benefit of regularization to some and not to all those daily wagers who are eligible. There is no error in the judgment of the High Court which warrants interference by this Court. Eligible daily wagers in accordance with the scheme have been eagerly awaiting regularization as per the judgment of this Court in Gujarat Agricultural University's case (supra). The right of the Respondents for regularization has been correctly recognized by the High Court.
In view of the discussions made above, we find no infirmity
in the orders passed by the learned Single Benches. The appeals,
being bereft of merit, are hereby dismissed.
(VINIT KUMAR MATHUR),J (INDRAJIT MAHANTY),CJ 083-184-/praveenVivek/-
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