[2026:RJ-JP:23820-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 526/2025 URN: SAW / 1200U / 2025 Dr. Sabyasachi Swain Son Of Shri Upendranath Swain, Aged About 33 Years, Assistant Professor, Malviya National Institute Of Technology, Jaipur Resident Of Plot No. 944/1799, Friends Colonny, Ggp, Rasulgarh, Bhubaneswar, Dist. Khordha (Odisha) ----Appellant Versus 1. Malviya National Institute Of Technology, Through Its Registrar, J.l.n. Marg, Jaipur (Rajasthan) 2. Union Of India, Through Its Secretary, Department Of Higher Education, Ministry Of Education, Shastri Bhawan, New Delhi ----Respondents Connected With D.B. Civil Contempt Petition No. 738/2025 URN: CCP / 787U / 2025 Dr. Sabyasachi Swain S/o Shri Upendranath Swain, Aged About 33 Years, Assistant Professor, Malviya National Institute Of Technology, Jaipur R/o Plot No. 944/1799, Friends Colonny, Ggp, Rasulgarh, Bhubaneswar, Dist. Khordha (Odisha) ----Petitioner Versus 1. Malviya National Institute Of Technology, J.l.n. Marg, Jaipur (Rajasthan) Through Registrar 2. Prof. Rohit Bhakar, Registrar (I/c), Malviya National Institute Of Technology, J.l.n. Marg, Jaipur (Rajasthan) 3. Prof. Narayana Prasad Padhy, Director, Malviya National Institute Of Technology, J.l.n. Marg, Jaipur (Rajasthan) 4. Prof. Kailash Singh, Dean Faculty Welfare, Malviya National Institute Of Technology, J.l.n. Marg, Jaipur (Rajasthan) ----Respondents For Appellant(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. R.D. Rastogi, Sr. Adv. assisted by Mr. Devesh Yadav Mr. Nathu Singh Chauhan HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE SANDEEP TANEJA Order(Oral) 30/06/2026 [2026:RJ-JP:23820-DB] (2of 3) [SAW-526/2025] Per: Arun Monga, J. 1. Appeal herein is directed against the order dated 05.03.2025 passed by the learned Single Judge, whereby the writ petition filed by the appellant was dismissed and the order of respondent No.1-Institute was upheld, vide which the appellant's appointment as Assistant Professor had been cancelled on the ground of certain concealment of material facts etc. 2. It is not necessary to set out the facts in detail, given the nature of the order we propose to pass. 3. The order sheet reflects that no one appeared on behalf of the appellant on the last date of hearing, i.e., 24.04.2026, and the same is the position even today, when the matter is taken up. 4. On the other hand, the learned Senior Counsel appearing for respondent No.1-Institute submits that a detailed affidavit has been filed in response to the writ appeal, and that no rejoinder and/or further affidavit has been filed by the appellant, and that the appeal therefore deserves to be dismissed in light of the uncontroverted stand taken in the counter affidavit of the Institute. 5. Be that as it may, it transpires, as is informed by the learned Senior Counsel, that in the interregnum of pendency the instant proceedings, the appellant has already secured and taken up fresh employment, having joined as Assistant Professor Grade-II at the National Institute of Technology, Jalandhar. 6. In the premise, we are of the view that the merits of the controversy raised herein no longer survive any adjudication. [2026:RJ-JP:23820-DB] (3of 3) [SAW-526/2025] Accordingly, the issues raised by the appellant in the writ petition and in the present appeal are left open, to be agitated in future, should an occasion arise. For the period he worked with the respondent institute, the appellant may be issued work experience certificate by the respondent, in case the same is applied for. 7. The instant appeal is disposed of in the above terms. 8. All pending applications also stand disposed of. (SANDEEP TANEJA),J (ARUN MONGA),J Sahil Soni/Avinash/5-6