PERVAIZ AHMAD Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent Rules is directed against an ex-parte interlocutory order dated 14.10.2010 passed by the learned Single Judge while disposing of CMP no. 2173/2010 in SWP No. 961/2010, relatable to this appeal.

(2.) BEFORE passing the impugned order the learned Single Judge has issued ex-parte interim direction on 13.05.2010 in favour of the appellant- writ petitioner, holding that the respondents were to accord consideration to the representation filed by him to decide the effective date of promotion as Reader. It was further directed that the present status of the private respondents, Dr. Mohammad Yousuf Ganie and Farooq Ahmad Bhat was to be maintained. Feeling aggrieved of the ex-parte interim directions the aforesaid private respondent nos. 3 and 4 moved CMP no. 2173/2010 for vacation of ex-parte interim order dated 13.05.2010 by stating that the University-respondent nos. 1 and 2 was to conduct the viva voce test for the post of Professor in the discipline of History and they suffer a handicap because of the ex-parte interim directions issued. The application was disposed of with the observations that the directions issued on 13.05.2010 were not to come in the way of the University for conducting interview of private respondent nos. 3 and 4 as per rules if they were otherwise eligible. Their result was not to be declared without permission of the Court.

(3.) BE that as it may, we direct that the parties shall maintain status quo. In other words when the appellant-writ petitioner has already been appointed as Professor then he shall continue. The appeal stands disposed of.