CW/1804/2006 of ASEEM SHANKAR Vs M.P.UNIVERSITY OF AGRI.CULT.and TEC.andORS. on 21 December 2012

SB Civil Writ Petition No.1804/2006

Aseem Shanker

v.

Maharana Pratap University of Agriculture and Technology,Udaipur and others.

Date of Order :: 21[st] December, 2012

HON'BLE MR.JUSTICE GOVIND MATHUR

Dr. P.S.Bhati, for the petitioner.

Mr. G.R.Punia Senior Advocate, assisted by Mr. Rajesh Punia, for the respondents.

....

It is submitted by counsel for the petitionerthat the petitioner is working as Junior Research Fellow onadhoc basis in a project under control of the respondentuniversity. The university is utilising his services fromlast number of years but instead of regularising him inservice, is proceeding to make appointments by holdingfresh process of selection under the advertisement dated24.12.2005 and 13.11.2006. The apprehension of thepetitioner is that on making regular selections therespondents shall terminate him from service.

From perusal of the facts averred in the writpetition, documents annexed thereto and also in reply tothe writ petition, it reveals that appointment to thepetitioner was given in a project and that was co-terminuswith the project itself. It is submitted by counsel for therespondents that the project in which the petitioner isworking is yet in currency.

Having considered the same and looking to thefact that the petitioner is not pressing his prayer forregularisation in service with liberty to agitate the sameby availing some appropriate independent remedy, I deem itappropriate to dispose of this petition for writ bydirecting the respondent university to continue thepetitioner in service till currency of the project. It isfurther made clear that if the project in which he ispresently working came to be concluded, then the case ofthe petitioner shall be considered on preferential basisfor appointment in any other project in hand with therespondent university against a post for which thepetitioner possess eligibility.

( GOVIND MATHUR ),J.

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