Orders Appointment Without Terminating Existing Lecturer Amid Vacant Posts: Rajasthan High Court Affirms Justice and Equity

Rajasthan High Court at Jodhpur delivered a significant ruling in the case of Gauri Shankar Jinger vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 11875/2023). The court addressed the issue of appointment to the post of College Lecturer (Philosophy) and ruled in favor of granting appointment to Gauri Shankar Jinger while allowing the continuance of Jhanwar Ram, citing principles of justice, equity, and good conscience.

The case originated when Gauri Shankar Jinger applied for the post of College Lecturer (Philosophy) following an advertisement issued on January 12, 2015. His candidature was initially rejected due to not meeting the 'good academic record' criteria. Later, the University Grants Commission's Regulation 2010 was amended to allow a 5% relaxation for SC/ST and PH candidates, leading to the reconsideration of his application. In light of this, Gauri Shankar Jinger was recommended for the position by the Rajasthan Public Service Commission (RPSC) in September 2022.

Jhanwar Ram, who was already serving as a College Lecturer, received a show-cause notice following this development. He challenged this notice, leading to a stay on further proceedings against him. Both Gauri Shankar Jinger and Jhanwar Ram then filed petitions before the court.

The primary legal issue was whether Gauri Shankar Jinger should be appointed as per the revised criteria and if Jhanwar Ram should be removed to accommodate him. The court had to balance the revised eligibility criteria for 'good academic record' and the principles of equity and justice concerning Jhanwar Ram's current employment.

Justice Vinit Kumar Mathur observed that while Gauri Shankar Jinger now met the eligibility criteria after the relaxation, Jhanwar Ram had been appointed in good faith and had been serving diligently. The court noted that there were 17 vacant posts of Lecturer (Philosophy) in the department, suggesting that both parties could be accommodated.

Citing a prior decision in Neeraj Kumari Meena vs. State of Rajasthan & Ors., the court emphasized that individuals appointed without any fraud or misrepresentation cannot be ousted from their employment. The court stated, "It is not only within its power but also the duty of the High Court while exercising such power to advance the ends of justice and to uproot injustice."

In balancing the equities, the court directed the state to appoint Gauri Shankar Jinger as College Lecturer (Philosophy) within four weeks, providing him with notional benefits from the date of Jhanwar Ram’s appointment. Simultaneously, Jhanwar Ram was allowed to continue in his post, effectively protecting his employment while ensuring justice for both parties.

Date of Decision: September 3, 2024

Gauri Shankar Jinger vs. State of Rajasthan & Ors.