1 S.B.CIVIL WRIT PETITION NO.4614/2004 Namami Shankar v. MDS University, Ajmer DATE OF ORDER :: 11 th May, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Rakesh Arora, for the petitioner. Mr. Anil Bhandari, for the respondent. .... By this petition for writ a direction is sought by the petitioner to allow him to work as Lower Division Clerk with respondent university in pursuant to an order dated 27.12.2003. The factual matrix necessary for adjudication of present petition for writ is that the officer on special duty with respondent university by an order dated 4.11.1989 appointed the petitioner as as Lower Division Clerk on daily wage basis. The regional centre of the respondent university at Bikaner, where the petitioner was posted, was closed by the university in the year 2003, therefore, the officer on special duty by an office order dated 27.12.2003 instructed the petitioner to report at the central office of the university at Ajmer on 30.12.2003. The grievance of the petitioner is that in pursuant to the order dated 27.12.2003 he was not 2 permitted to join duties at Ajmer and that amounts termination from service without any just and valid reason. According to the petitioner he was working with the respondent university since 1989 and, therefore, he was having a right to be absorbed in services of the university even after closure of the regional centre of the university at Bikaner. In reply to the writ petition, it is contended by counsel for the respondent university that the petitioner was working on daily rate basis and that too at regional centre of university at Bikaner and on its closure his services were not required, therefore, he was rightly discontinued from service. I have perused all the documents annexed with the writ petition. From perusal of the document Anx.1 i.e. named by the petitioner as an order of appointment, clearly shows that the appointment was given to the petitioner without adhering a fair procedure for making recruitment. The officer on special duty on 4.11.1989 sought permission to employ one Lower Division Clerk and one Class-IV employee at regional office. The Vice Chancellor on the letter dated 4.11.1989 just noted that “one LDC permitted”. The officer on special duty on the same leaf of paper made a note that “Shri Namami Shankar Vyas MCom has been appointed on daily wages on purely temporary 3 basis”. The factual position above clearly shows that the appointment of the petitioner was made without adhering any fair procedure and without following the rules prescribed by the university for making recruitment. An appointment made dehore the rules does not vests with the appointee any right to hold the post. In the instant matter the appointment of the petitioner was absolutely dehore the rules and, therefore, he is having no right to be claimed for his appointment as Lower Division Clerk. It is further pertinent to note that appointment of the petitioner was made to meet the service exigencies at regional centre, Bikaner and after closure of that there was no need of any employee by the university at Bikaner and as such there was no illegality in discontinuing him from service. The petition for writ, therefore, is having no merit. Accordingly, the same is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.