FAYAZ AHMAD BHAT (DR.) Vs. STATE AND ORS.

JUDGEMENT

(1.) The facts giving rise to the writ petition on hand may be briefly stated. One post of Professor in the University of Kashmir, in the discipline of Zoology, fell vacant due to superannuation of Professor M. Z. Chesti. Consequently, an advertisement notice was issued on 22nd of Jan., 2009 by the University, inviting applications for filling up of several posts, including the post in question. On 7th of April, 2009, the respondent-University issued an addendum to the advertisement notice aforementioned, whereby eligibility criterion of possession of specialisation in Parasitology was also included as one of the area of specialisation for the post of Professor in question. It is contended that the Respondent-University issued interview slips to the eligible candidates and the interview was held on 23.12.2010. Respondent No. 5, being the Head of the Department of the Zoology, was one of the members of the Selection Committee. After conclusion of the interviews, selection was taken to its logical end, and respondent No. 6 came to be selected and appointed against the said post. Aggrieved of the same, petitioner through this petition has questioned the selection / appointment of respondent No. 6.

(2.) It is contended by the petitioner that the selection and appointment of respondent No. 6 has been actuated by fraud, because husband of respondent No. 6, being the Head of the Department, paved way for her selection in question and the consequent appointment, that too, at the cost of the petitioner. Petitioner has pleaded in paragraphs 6, 7 and 8 of the writ petition how he got affected by the inaction of the respondents and how prejudice has been caused to him.

(3.) Respondents have filed detailed reply refuting the averments made by the petitioner in the writ petition.