PARVAZE AHMAD WANI Vs. VICE CHANCELLOR, SKUAST

JUDGEMENT

(1.) By medium of the instant Petition, the Petitioner has assailed the validity of Order bearing No. 615 (Est) of 2019 dated 22nd of July, 2019 issued by the Respondent No.2, insofar as it pertains to the selection and appointment of Respondent No.3, namely, Zahoor Ahmad Baba S/o Ghulam Hassan Baba R/o Sheerpora, Pattan, Baramulla, as Associate Professor/ Senior Scientist, Microbiology pursuant to advertisement notice No. 1 of 2018 dated 2nd of May, 2018. The Petitioner is also seeking a direction in the name of the Respondents 1 and 2, thereby commanding them to appoint the Petitioner as Associate Professor in the discipline of Microbiology strictly as per his qualification and merit with all consequential benefits.

(2.) The material facts leading to the filing of the Petition on hand, as come to the fore from the Petition of the Petitioner, are that the Respondent No.2 issued advertisement notice No. 01 of 2018 dated 2 nd of May, 2018 inviting applications for various posts, including one post of Associate Professor in the faculty of Microbiology. The Petitioner, being eligible, claims to have submitted his application form along with all required certificates/ testimonials in tune with the advertisement notification before the concerned authority. After culmination of the selection process, the Respondents 1 and 2, vide Order No. 589 (Est) of 2019 dated 15th of July, 2019, is stated to have appointed one Dr. Mehraj-ud-Din Shah as Associate Professor in Microbiology, however, since, the said Dr. Mehraj-ud-Din Shah was also appointed as Associate Professor in Plant Pathology in terms of Order No. 569 (Est) of 2019 dated 15th of July, 2019, as such, the Petitioner approached the Respondent No.2 for cancellation of the order of the said Doctor as Associate Professor in Microbiology. Accordingly, the Respondent No.2 issued Order No. 315 (Est.) of 2019 dated 22nd of July, 2019, whereby, while cancelling the appointment of the said Dr. Mejraj-ud-Din Shah as Associate Professor, Microbiology, the Respondent No.2 appointed Respondent No.3 as Associate Professor/ Senior Scientist, Microbiology on the ground of him figuring at S. No. 01 in the Waiting List in the order of merit prepared by the Selection Committee in its recommendations duly approved by the Board of Management at its 67th meeting held on July 15th, 2019. It is this Order 22nd of July, 20198 that has been challenged by the Petitioner herein this Petition.

(3.) Mr M. A. Wani, the learned Counsel for the Petitioner, submitted that the selection and appointment of the Respondent No.3 has been made by the Respondent University in gross violation of the mandate of advertisement notice as well as the rules governing the subject inasmuch as the Respondent No.3 is not eligible for the post in question. While elaborating the submission, the learned Counsel submitted that the Respondent No.3 is not having the requisite experience of more than 10 years as prescribed in the advertisement notice, thereby making him ineligible for the post of Associate Professor, Microbiology. It is contended that the certificate issued by the Head of the Department of Social Sciences of the Respondent University, on which reliance has been placed qua the experience of the Respondent No.3, cannot be taken into consideration when the Respondent No.3 was not working in the Department of Microbiology and was instead working in some other subject. It is further pleaded that the Respondent University cannot also take recourse to the note appended to the advertisement notification providing for candidates having post-Graduate qualification in other subject/ discipline when the eligible candidate is already available from the relevant subject of Microbiology.