[2025:RJ-JP:17178-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 708/2024 IN S.B. Civil Writ Petition No.1288/2021 1. Vice Chancellor, Raj. University of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur (Rajasthan). 2. Registrar, Raj. University of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur (Rajasthan). 3. Principal And Controller, RUHS College of Medical And Health Sciences, Sector 11, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur (Rajasthan). ----Appellants Versus 1. Dr. Radha Chonsariya D/o Dr. Gajsingh Sharma, aged about 33 Years, resident of Ajmer Singh Ka Bada, Bajariya Road, Dholpur (Rajasthan). ----Respondent/Petitoner 2. State of Rajasthan, through the Chief Secretary, Government of Rajasthan, Government Secretariat, Jaipur (Rajasthan). 3. Secretary to the Govt., Medical Education Department, Government of Rajasthan, Government Secretariat, Jaipur (Rajasthan). 4. Secretary to the Govt., Department of Personnel, Government of Rajasthan, Government Secretariat, Jaipur (Rajasthan). ----Respondents For Appellant(s) : Mr. Ravi Chirania, Advocate with Mr. S.K. Panwar, Advocate For Respondent(s) : Mr. Vigyan Shah, Additional Advocate General with Ms. Tanvisha Pant, Advocate Mr. Saransh Saini, Advocate Mr. Vinod Kumar Sharma, Advocate [2025:RJ-JP:17178-DB] (2 of 3) [SAW-708/2024] HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA Order 23/04/2025 Challenging the order dated 31st May 2024 by which the writ Court declined to vacate ex-parte interim order dated 16th February 2021, the present Special Appeal has been filed by the Rajasthan University of Health Sciences. 2. In the writ petition, the following prayers have been made by the writ petitioner:- “(i) On 16th February 2021, the following order was passed by the Writ Court:- Issue notice of the writ petition as well as stay application, returnable by 15.03.2021. Notices be given “dasti”, as prayed. In the meanwhile, the respondents are retrained from making appointment on urgent temporary basis. List this case again on 15th March, 2021. (ii) In order dated 31st May 2024, the Writ Court preferred to Sections 5, 33 and 46 of the Rajasthan University of Health Sciences Act, 2005 and arrived at a conclusion that there is no provision in the University Act, 2005 under which the post of teacher can be filled up on urgent and temporary basis.” 3. On a Court’s query, Mr. Saransh Saini, the learned counsel for the writ petitioner makes a statement that the writ petitioner was not eligible at the time when an advertisement for recruitment of the teachers was made in the year 2015. This writ petition was filed in the year 2021 and advertisements for appointment to the post of teacher have been issued at least twice since then. 4. There is no statement made in the writ petition and, in fact, it could not have been so made by the petitioner whether or not he made application seeking appointment to the post of teacher [2025:RJ-JP:17178-DB] (3 of 3) [SAW-708/2024] pursuant to the advertisements issued in the years 2023 and 2024. 5. In that view of the matter, prima facie it seems that he cannot have any such grievance as projected by the writ petitioner before the writ Court. Even so, a conclusive finding as to applicability of Section 46 of the University Act, 2005 to power of the University to make appointment on urgent and temporary basis could not have been made by the writ Court while the writ petition is still pending final adjudication. 6. While so, we are inclined to interfere in this matter and, accordingly, the order dated 31st May 2024 is set aside. Consequently, the order dated 16th February 2021 is also set aside and the application filed by the University under Article 226(3) of the Constitution of India is allowed. 7. D.B. Special Appeal (Writ) No. 708/2024 is allowed with liberty to Rajasthan University for Health Sciences to make an application for early hearing of the writ petition. (ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J DAKSH/256(s)