MOHD AYUB Vs. UNIVERSITY OF KASHMIR, SRINAGAR

JUDGEMENT

(1.) THIS is a petition under section 103 of the Constitution of Jammu and Kashmir read with Article 32 (2) (a) of the Constitution of India seeking to quash the resolution No. 20 of the University Council dated 20 -9 -1971 accepting the recommendation of the Selection Committee and appointing respondent No. 3 as reader in the Post Graduate Department of Hindi on probation for two years on the ground of malafides and also being violative of the Kashmir and Jammu University Act of 1969.

(2.) THE petition is a long list of claims and grievances made by the petitioner. To put, briefly the petitioner has averred that he joined the erstwhile Jammu and Kashmir University as a lecturer on 10th May 1962 and continues in the same position. The petitioner secured first division in the B. A. Examination. He secured first class first in M. A. in Hindi from Muslim University Aligarh in 1958 and was awarded Ëœgold medal. He also passed M. A. in Sanskrit in 1961 securing about 60% marks and securing second position in the University. The degree of doctorate in philosophy was conferred upon him in the year 1966 by the erstwhile Jammu and Kashmir University. The petitioner has got varied experience of teaching stretching over a period of 13 years and has published many books including the one for which he won the Jammu and Kashmir academic award for 1969. The petitioner has made literary contributions in various literary journals of the country. The petitioner -was confirmed as lecturer on 11th May 1963 ahead of all his colleagues working in the department and he was therefore senior most confirmed lecturer in the University. The petitionerâ„¢s work won highest praise from the then Head of the Department which can be gleaned from the testimonial of the then Head of the Department forming Annexure I to the petition. The present head of the Department respondent No. 4 also conveyed a number of time his appreciation of the work to the petitioner. As regards respondent No.

(3.) (Dr. Mrs. Mohani Kaul) the petitioner has averred that she is a Matriculate in English only. She did Intermediate also in English only. She obtained Honours in Hindi and passed her B.A. through Prabhakar. She did her M.A. in Hindi in second division obtaining 53% marks and secured PhD. in 1966 in Hindi. She was appointed as a temporary lecturer in Government College for Women on 2 -11 -57. Before this she was in the Information Department of the State as the Editor of the Hindi Magazine ËœYojnaâ„¢. While she was still a temporary lecturer she was declared S.P.T. from the day she joined the college. She was sent on deputation for two years to Jammu and Kashmir University retaining her lien in the Education Department of the Government She served the University as a temporary lecturer upto 16 -6 -1969 when she was retired with pension benefits from Government service under G.O.No. 640/HTE dated 24 -7 -1969. The said respondent was however made permanent in 1969 without referring the matter to the Head of the Department which was against the normal practice as no confirmation could take place without the assessment of the Head of the Department. All that the respondent 3 had been able to claim is that won prize in the University competition at Delhi and that a number of articles were published by her in some leading journals. The petitioner further averred that while filing the forms of application for the post of reader in Hindi (vide annexure 2) respondent No. 3 made interpolations therein. All the concerned Heads of the Department of Hindi successively gave their adverse reports against the respondent No. 3 right from Dr. H. P. Gupta the first head of the department to the present Head of the Department respondent No. 4 with the result that she was not even allowed to cross efficiency Bar at Rs. 800.00. Many complaints were made against her regarding the lack of interest shown by her in the work. The petitioner claims to be senior to respondent No. 3 under the Rules of the University. He has further alleged that despite his being senior and possessing superior merit and ability as campared to respondent No. 3 the Selection Committee did not do justice to his case while making selection for the post of reader in Hindi. All the principles of justice, rule of law, conventions, reason, logic, fairness and propriety were thrown to winds and the petitioner was mauled by favouritism and nepotism. The procedure provided under section 36 of the Kashmir and Jammu University Act of 1969 for the filling up of the said post was not at all observed. According to this section the Selection Committee is to be constituted of the following: -