MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

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

17 September 2024 8:13 PM

By: Deepak Kumar


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.

Latest Legal News