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Dau Dayal and anr. Vs. Director, Rajasthan Oriental Research Institute and anr. - Court Judgment

LegalCrystal Citation
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 825 of 1968
Reported in1974WLN706
AppellantDau Dayal and anr.
RespondentDirector, Rajasthan Oriental Research Institute and anr.
.....was not validly constituted.;there is no provision in the rules for appointing anyone by transfer as director, oriental research institute. in other words, a director on be appointed by direct recruitment only. that being so, the director, sanskrit education could not have exercised the statutory functions of the director, oriental research institute under the rules. ;in the present case shri sita sahai who was. not the director, oriental research institute for the purposes of the rules and was thus not a member of the selection committee, had as on that committee along with others therefore, the selection committee, in my view, was not properly constituted and its proceedings were null and void. - .....m.a. in history with papers in ancient of medieval indian history having. hindi in b.a. or with research experience to be given preference2. other combined schemes for surveyd purchase sod preservation of mas. research in old rnjas- thani literature etc i) research asstt (senior this grade will be (250 16 430-eb 25-600) admissible to persons possessing qualification ii) surveyors as 2nd class ma in (150-10 220eb 10-12 1/2 history with paper in 300) ancient or medieval iii) copyists (90-5-130) indian history. hindi iv) class iv servants in b.a. of with rese- (25-1-40) arch experience to be given preference.note: the posts of 8 surveyors & 8 class iv servants are for branch offices at jaipur, chitter, bikaner & sirohi (abu) udaipur, kotah, tonk, alwar, and will be filled when the.....

No. F.2(19) Edu/C/61/Cr.1. Dated Jaipur, 23rd May/61.

Sub : Creation of posts.

The Governor has been pleased to accord sanction to the creation of the following posts faom 1st March 1961 or from the date the Dew posts are filled in whichever is later in the pay scale noted against them with the usual allowances in connection with the following schemes to be run under the Rajasthan Oriental Research Institute Jodhpur upto end of February, 1962.

S No. Name of Scheme No. of posts Remarks

1. Scheme for preservation

and publication of rare

manuscripts of national

importance lying in the

Bhandan of Jain Templet

at Jaisalmer

i) Research Atttt (Senior i) Tnta grades

(260-15 400 EB-25. 600) will be admissible to

parsons possessing

qualification as 2nd

ii) Claw IV servants (25-1-40) Class M.A. in History

with papers in ancient

of Medieval Indian History

having. Hindi in B.A. or

with research experience

to be given preference

2. Other combined Schemes

for Surveyd Purchase sod

Preservation of Mas.

Research in old Rnjas-

thani Literature etc

i) Research Asstt (Senior This grade will be

(250 16 430-EB 25-600) admissible to persons

possessing qualification

ii) Surveyors as 2nd class MA in

(150-10 220EB 10-12 1/2 History with paper in

300) Ancient or Medieval

iii) Copyists (90-5-130) Indian History. Hindi

iv) Class IV servants in B.A. of with rese-

(25-1-40) arch experience to be

given preference.

Note: The posts of 8 Surveyors & 8 Class IV servants are for branch Offices at Jaipur, Chitter, Bikaner & Sirohi (Abu) Udaipur, Kotah, Tonk, Alwar, and will be filled when the number of manuscripts collected at each of the above places reaches 5,000.

The expenditure will be charged to the head 37 Education-D Surb-VI(ii) Rajasthan Oriental Research Institute and 56--Printing & Stationary (Plan exp) respectively.

This issues with the concurrence of F.D. vide. U.O.I.D 2180 FD dated 10-5 61.

By order,

Asst. Secretary to Govt.

By order dated 5-3-62 the above order was modified. The qualifications prescribea for the post of Senior Research Assistant under Scheme No. 1 were modified and it was provided that the qualification would be M.A. Second Cass in Sansk it, Hindi or both with three vears experience of work in a Research Institute, or Acharya Jaipur, Benaras) and B.A. with experience as above - Further egarding the qualifications against item (ii) in Order Ex.4/1, the word 'preferably' was to be inserted between the word 'History' and 'with in the fourth line of the paragraph of qualifications of Research Assistant under Scheme No. II namely, other combined Schemes for Survey' Purchase and Preservation of miscellaneous research in old Rajasthan Literature. The amendment was made with the concurrence of the Finance Department. Therefore, as a result of this modification the qualifications stood as Second Class M.A. in History preferably with papers in ancient or medieval Indian History. In other wordas, the requirement of having a paper in ancient and medieval History no longer remained a necessary qualification though it would be a matter for preference By order dated 27-7-62 (Ex.A/7) the Governor sanctioned the payment of salary on provisional basis upto 30.6.62 to Shri Manaria and others who were appointed temporarily By orders Ex. A/8, Ex A/9 Ex. A/10, Ex A/11. Ex A/12, Ex A/13, Ex A/14, Ex A/15. Ex A/16, Ex A/19, Ex A/20, Ex.A/21, Ex. A22, Ex A/23, Ex A/24, Ex A/25 and Ex A/26 sanction for payment of salary was accorded from time to time. I may read the last order Ex.A/26.

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It is mentioned in the above order that Shri Manaria had already been selected by the Screening Committee and his case has to be sent to the Public Service Commission. As regards the merger of the Directorate of Oriental Research with the Directorate of Sanskrit Education as also for the abolition of the post of Direct r the Government passed the order Ex. M on 24-3-70 This order runs as follows:

F.7(17) Edu/Cell-I/69

Government of Rajasthan

Education (Cell-I) Department

Dated Jaipur, the 24th March, 1970

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