FAHEEN Vs. UNIVERSITY OF KASHMIR AND OTHERS

JUDGEMENT

(1.) This writ petition, having been finally heard, is admitted to hearing.

(2.) The petitioner has filed this writ petition seeking issuance of writ of certiorari for quashing Advertisement Notice dated 20.07.2007 whereby the migrant post of Lecturer in the Department of Media Education and Research Centre (MERC), University of Kashmir, presently held by the petitioner, has been notified for temporary appointment. The petitioner has also prayed for issuance of writ of Mandamus commanding the respondents to regularize his appointment against the said post. The factual matrix of the case, as put forth by the petitioner, is summarized below:

(3.) Pursuant to an advertisement notice dated 21.08.1990 issued by the University, the petitioner, after participating in the selection process, was appointed on ad hoc basis as Lecturer in Media Education and Research Centre, University of Kashmir, vide order no. F (Apptt-Adhoc Lecturers) Adm/KU/91 dated 04.04.1991. Eleven other persons were also appointed by the same order. It is borne out from the aforesaid appointment order that the ad hoc appointments were to last for six months or till the posts were filled up substantively or till the leave vacancies were available/migrant teachers rejoined, whichever would occur earlier. It appears that the petitioner and the similarly appointed persons were continued on their respective posts beyond the period of six months as fixed in the aforesaid order of appointment. However, in the 1994, apprehending his ouster and replacement by similar arrangement, the petitioner along with some similarly placed appointees of the University filed writ petition, SWP no. 1513/1994 seeking restraint against termination of their ad hoc appointments against such posts with prayer for a direction to allow them to continue on their respective posts and to regularize their services against the posts held by them. In that petition, a Coordinate Bench of this Court passed an interim direction on 21.12.1994 to the effect that the petitioners shall be allowed to continue as Lecturers in their respective departments till further orders from the Court. It was also directed that they shall be paid their salaries and no breaks shall be given in their services.