LAWS(J&K)-2016-2-48

SHAH MURTAZA MUSHTAQ Vs. SKUAST AND ORS.

Decided On February 09, 2016
Shah Murtaza Mushtaq Appellant
V/S
Skuast And Ors. Respondents

JUDGEMENT

(1.) The petitioner is aggrieved of selection and appointment of respondent No. 3 as Technical Assistant (Forestry) in Sher-i-Kashmir University of Agricultural Sciences and Technology, Kashmir, Shalimar, Srinagar (for short, SKUAST), and has filed this writ petition seeking quashing of order No. 1098 of 2013 dated 23.12.2013 whereby respondent No. 3 has so been appointed. The petitioner has also prayed for a mandamus to command respondents 1 and 2 to select and appoint him on the post in question.

(2.) The facts germane to the case are that SKUAST vide notice No. 05 of 2013 dated 06.06.2013 advertised, inter alia, two posts of Technical Assistants (Forestry) - one in the open merit category and the other in RBA category - prescribing Bachelor's Degree in Forestry from a recognised Institution as essential qualification and Master's Degree in Forestry from a recognised Institution as desirable qualification.

(3.) The petitioner claims to be possessing M. Phil and Ph. D. in Forestry, and accredited with National Eligibility Test (NET). He also asserts to have more than nine publications in national and international journals and three years' teaching experience - one year at university level and two years at college level. According to the petitioner, comparably, respondent No. 3 has very poor academic record and is just M. Sc. Forestry with absolutely poor credits and no experience, muchless on the post so advertised. Respondent No. 3, however, had been working as Field-cum-Laboratory Assistant in SKUAST on ad hoc basis pursuant to order dated 08.01.2010.