Dismissed

Mbm University v. Dr. Pooran Mal Meena

Rajasthan HC16 Jul 2024SAW/788/2023

Case brief

AI extract

What is this about?

Coordinate Bench dismissed the special appeal arising from a writ petition regarding interim stay orders on a transfer. The court held that distinctions made by the lower court regarding employee health circumstances justified different treatment and affirmed the writ court's decision.

What did the court decide?

The D.B. Special Appeal Writ No. 788/2023 is dismissed in its entirety.

Mbm University Vs Dr. Pooran Mal Meena — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:29009-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 788/2023

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Mbm University, Ratanada Jodhpur Through Its ViceChancellor Mbm University Jodhpur.

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The Registrar, Mbm University, Ratanada, Jodhpur

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----Appellants

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Versus

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Dr. Pooran Mal Meena S/o Shri Ganpat Ram, Aged About 53 Years, By Caste Meena, Resident Of Vpo Kolana, Bandikui, District Dausa, Rajasthan. At Present Working As Professor, Department Of Mechanical Engineering, Mbm University, Jodhpur.

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State Of Rajasthan, Through Secretary, Department Of Higher Education Government Of Rajasthan, Jaipur, Rajasthan.

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----Respondents

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For Appellant(s)	: Mr. Ramit mehta
	Mr. Tarun Dudia
For Respondent(s)	:

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HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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16/07/2024

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This Special Appeal is directed against the common order dated 5^th January, 2023 passed in S.B. Civil Writ Petition Nos. 16764/2022 and 16374/2022.

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The appellant is the respondent in S.B. Civil Writ Petition No.16374/2022. 3. Before the writ Court, the order dated 18^th October, 2022 was put to challenge on various grounds. The writ Court after having considered the rival submissions declined to pass an order

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[2024:RJ-JD:29009-DB]

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[SAW-788/2023]

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(2 of 3)

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staying operation of order dated 18^th October, 2022 qua Sanval Ram Meena. However, by the same order, the writ Court decided to grant stay of operation of the impugned order dated 18^th October, 2022 qua Dr. Pooran Mal Meena.

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Mr. Ramit Mehta, learned counsel for the appellant submits that in similar set of facts the transfer order dated 18^th October, 2022 was passed for transfer of 3 persons and while so, no distinction could have been made by the writ Court in grant of the interim order. The learned counsel for the appellant has referred to an order passed in D.B. Special Appeal Writ No.35/2023 in which by an order dated 24^th January, 2023 the challenge laid by Sanval Ram Meena to the common order dated 5^th January, 2023 has been rejected and the order passed by the writ Court has been affirmed by the Co-ordinate Bench of this Court. The learned counsel would therefore submit that 2^nd part of the order dated 5^th January, 2023 qua Dr. Pooran Mal Meena is liable to be set-aside. 6. To begin with, we may indicate that the writ Court has drawn a distinction between the co-employees inasmuch as in case of Dr. Pooran Mal Meena the writ Court found reasons such as health condition of the employee and to an extent non-application of mind by the university authority to grant a certain interim order in his favour. Furthermore, by virtue of the order passed in D.B. Special Appeal Writ No.35/2023 by which the challenge laid by Sanval Ram Meena to the order dated 5^th January, 2023 has failed, this stands affirmed that the writ Court has taken a correct decision. That then, the argument by saying that in similar set of facts different orders could have been passed by the writ Court must fail.

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(3 of 3) [SAW-788/2023]

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[2024:RJ-JD:29009-DB]

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Accordingly, the present D.B. Special Appeal Writ No.

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788/2023 is dismissed.

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(KULDEEP MATHUR),J (SHREE CHANDRASHEKHAR),J

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43-DivyaTak/neha-

Mbm University v. Dr. Pooran Mal Meena

Case brief

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Mbm University v. Dr. Pooran Mal Meena

Case brief

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