A division bench of the Rajasthan High Court in Jaipur has taken a significant step in an ongoing legal battle. On Thursday, the bench directed Rajasthan University Vice-Chancellor Alpana Kateja to file her response. The court is hearing an appeal that challenges a controversial single bench order.
Court Questions Mandatory Deposit Condition
The appeal specifically questions a requirement imposed by a single judge. That order made it mandatory for the petitioner to deposit a substantial sum of Rs 5 lakh before the court would even hear the petition. The petition itself questions the legality of Alpana Kateja's appointment as Vice-Chancellor.
Appeal Filed by Professor Mahipal Sihag
Professor Mahipal Sihag filed this appeal. He is challenging the condition set by the single bench. The division bench, comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Sangita Sharma, heard the arguments.
During the proceedings, advocate Savita Sihag represented the appellant. She presented key information to the court. She informed the judges about an advertisement issued on August 1, 2023. This advertisement was for the post of Rajasthan University Vice-Chancellor.
Allegations of Suppressing Material Facts
The core allegation centers on disclosure. Advocate Sihag stated that Alpana Kateja applied for the VC post. However, she allegedly failed to disclose a crucial detail. At the time of submitting her application, a criminal case was pending against her. According to the appellant, revealing this information was mandatory under the applicable appointment rules.
The appellant's counsel argued forcefully. She contended that this alleged suppression of material facts constituted a clear violation of the rules governing such high-level appointments. Therefore, the selection of Alpana Kateja should be declared invalid and set aside by the court.
Challenging the Precondition of Rs 5 Lakh
The appeal raised another critical point. It argued that the single bench made an error. Imposing a Rs 5 lakh deposit as a precondition for hearing the matter was unjust. The appellant's side insisted that this particular order deserves to be quashed and overturned by the higher bench.
University's Defense and Counter-Allegations
The university's legal team presented a strong opposition. Advocate Rachit Sharma appeared as a caveator on behalf of Rajasthan University. He defended Vice-Chancellor Kateja's position.
Sharma pointed out that Kateja had already provided a clarification before the single bench. She stated that the complaint referred to by the petitioner lacked specific allegations. The university's counsel then turned the tables with a counter-argument.
- He highlighted that the appellant, Professor Mahipal Sihag, is himself facing a criminal case.
- Sharma alleged that Sihag failed to disclose this fact when he initially approached the court.
- The counsel argued that Sihag was accusing Kateja of concealment while suppressing his own facts.
Based on these points, advocate Rachit Sharma submitted that the petition lacked merit. He urged the division bench to dismiss the appeal outright.
Court's Interim Direction
After hearing the preliminary submissions from both sides, the division bench proceeded with its order. The bench directed the issuance of formal notices. These notices are to be sent to the respondents in the case, including Vice-Chancellor Alpana Kateja. The court will now await their detailed responses before proceeding further with the appeal.
