The appointment of Dr. Urea Kant was held illegal and it was directed that Dr. Uma Kant be removed from the said post of Professor of Botany.
The Selection Committee companystituted under Sec.
The Judgment of the Court was delivered by KASLIWAL, J. Special Leaves granted.
The respondents, in their reply to the writ petition, submitted that the selection companymittee was properly companystituted.
From the Judgment and Order dated 6.3.1991 of the Rajas than High Court in D.B. Civil Special Appeal Writ Nos.
5 of the Rajasthan University Teachers and Offi cers Selection for appointment Act of 1974 herein after referred to as the Act of 1974 held interviews on 20th June, 1989 and selected Dr. G.S. Nathawat for the post of Professor in Botany.
The name of Dr. Urea Kant was mentioned in the reserve list by the Selection Committee.
Aggrieved against the order of the Division Bench of the High Court, Dr. Uma Kant as well as the University have companye in appeal by grant of special leave.
P. Rao, M.K. Ramamurthi, S.K. Singh, Sudhanshu Atreya, Sushil Kumar Jain, Ms. Bina Gupta, Manoj Swarup, Miss. Lalita Kohli, R.F. Nariman and Mrs. Binu Tamta for the appearing parties.
Dr. Bhikalal and others subsequently impleaded Dr. Uma Kant also as one of the respondents in the writ petition.
The syndi cate of the University approved the list and appointed Dr. Nathawat on the said post.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Learned Single Judge held that the companystitution of the Selection Committee was valid but as regards the appointment of Dr. Urea Kant from the reserve list it was held that once a person selected by the Selec tion Committee had been appointed the reserve list stood exhausted and the person named in the reserve list companyld number be appointed against a future vacancy.
Dr. Bhikalal, Dr. Shiv Sharma, Dr. Sudhakar Mishra and Dr. T.N. Bhardwaj who were number selected filed a writ petition in the High Court initially challeng ing the appointment of Dr. Nathawat on the ground that the Selection Committee was number companystituted in accordance with law and objection was also raised that once a selected person joins the post, the reserve list exhausted itself.
4094 4095 of 1991.
Dr. Nathawat retired on 30th September, 1989 and Dr. Urea Kant who was already selected and kept in the reserve list was appointed as Professor in the department of Botany.
48 50 of 1990.
The appointment of Dr. Uma Kant was rightly made as the life of the reserve list was initially for six months and subse quently extended to one year by a resolution of the Syndi cate dated 3.12.1983.
The Division Bench of the High Court by a companymon order dated March 6, 1991 upheld the order of the Learned Single Judge and dismissed the appeals.
It was also held that once a person selected by the Selection Committee has joined, that post is filled and some vacancy is caused thereafter a fresh and de numbero selection companymittee procedure has to be started because that will be a case of future vacancy aris ing after the post had been filled up on the recommendations of the Selection Committee.
Both Dr. Uma Kant as well as the University of Rajasthan tiled special appeal before he Division Bench.
