SYEDA AFSHANA BHAT Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) The petitioner is an Associate Professor in Media Education and Research Centre of the University of Kashmir ["the University']. She is aggrieved of and has sought a writ in the nature of certiorari for quashing following orders/communications issued by the University:-

(2.) Before adverting to the grounds of challenge urged on behalf of the petitioner and the rebuttal thereto given by the respondents, it would be appropriate to notice material facts.

(3.) The petitioner and respondent No.6 applied for the solitary post of Lecturer in Media Education and Research Centre [MERC] of the University, notified for direct recruitment vide advertisement notice No. F.10 (Apptt-Gen)Adm/TW dtd. 22/1/2002. In the selection process, the petitioner came to be selected against the post and was, accordingly, appointed by the University vide Order No. F.10 (Apptt-Gen) Adm/TW/02 dtd. 16/5/2002 as Lecturer MERC. Vide same order the respondent No.6 too was appointed as Lecturer MERC on regular temporary basis. The order of appointment dtd. 16/5/2002 was, however, subject to approval of the Syndicate of the University. The Syndicate in its meeting held on 6/12/2003 cleared the appointment of the petitioner and, accordingly, the University vide its order dtd. 3/4/2004 confirmed the services of the petitioner as Lecturer, MERC with effect from 17/6/2003. The respondent No.6, however, continued on regular temporary basis. In the year 2007, the University vide its advertisement notification No. F.10 (Apptt-Gen) RC/KU dtd. 20/7/2007 invited applications for making recruitment against various posts which included two posts of Lecturer (Migrant), MERC. The respondent No. 6, who was already in temporary employment of the University, made it to the selection against one of the two posts and was, accordingly, vide Order No. F10 (Apptt-Gen) RC/KU dtd. 8/12/2007 appointed as Lecturer purely on temporary basis against migrant vacancy in MERC. This appointment of the respondent No.6 was subject to ratification by the Syndicate and to the decision, if any, taken by the Syndicate with regard to filling up of the migrant vacancies. It seems that pursuant to the decision taken by the University to fill up the migrant vacancy on permanent basis in its meeting held on 21/9/2017, the temporary services of the respondent No.6 were confirmed and as a result the University vide its order dtd. 20/10/2017 confirmed the respondent No.6 as Assistant Professor ( earlier Lecturer), MERC with effect from 8/12/2008.