AKHTAR JAN NAQEEB Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner in this petition challenges an action of the respondents, whereby she has been debarred to compete for the post of Assistant Professor in Anaersthesiology, Institute of Medical Sciences, Soura, Srinagar and, therefore, seeks a mandamus for being considered for the post from the date of selection i.e. 1988.

(2.) THE case of the petitioner, in brief is that she is an ad -hoc Lecturer since July, 1986 working under the control of respondents. An advertisement was issued by the respondent on 20 -6 -1987 for certain posts in several disciplines, including the post of Assistant Professor, Anaersthesiology, prescribing the qualifications for competing the same. She also applied, but was not called for interview, when again on 10 -8 -1988 another notification was issued on the same lines for several posts, including the post of Assistant Professor in Anaesthesiology. She consequently applied, being qualified having passed post -graduation from PGI Chandigarh and having gained the required teaching experience from Alfata University in Libya with effect from July, 1984 to 1986, then in addition as ad -hoc Lecturer from July, 1986 onwards, rather till date, but the petitioner was not called for interview and dropped from selection. She, therefore, sought appointment with respondent No. 2 to ascertain the reasons. On meeting him, she was informed that her ad -hoc service form teaching experience has not been taken into account therefore, excluded for the post of Assistant Professor.

(3.) THE case of the petitioner further is that there is no bar under any rule that experience on ad -hoc service cannot be taken into account for purposes of eligibility, nor the rules provide that only teaching experience on regular service will be taken into account for the selection for the posts under the control of respondents. It is submitted by the petitioner that she has acquired more than four years, teaching experience on ad -hoc service as Lecturer from 1986 onwards in respondent institute and while serving in Alfata University Libya from 1984 to Julyâ„¢ 1986. The petitioner has given in a supplementary affidavit, where the respondent in the same year of selection, orally argued, when she was excluded, having given benefit to several candidates of experience gained from institutions outside the country firstly, in case of Dr. Shad Saleem, having been selected due to eligibility on account of experience gained from Bengazi University, a sister concern of Alfata University, Libya in the same selection process of 1981, where the petitioner was dropped. Then in case of some similarly situated candidates, namely Dr. Shabir Ahmed, Dr. Mushtaq Ahmed and Dr. Nisar Ahmad Mir, who had also experience from foreign institutions outside the country, but the petitioner has been made victim of hostile discrimination by dropping from selection, hitting the provisions of the constitution. Therefore, this petition for a writ of mandamus as indicated above.