LAWS(J&K)-1996-12-21

BARA SINGH Vs. VICE CHANCELLOR

Decided On December 12, 1996
BARA SINGH Appellant
V/S
VICE CHANCELLOR Respondents

JUDGEMENT

(1.) THIS petition has been moved for grant of writ of certiorari whereby order No. 525 of 1984 dated 07 -12 -1984 which selects respondents 3 to 5 as Associate Professors, is required to be quashed. Beside this a prayer for grant of writ mandamus is also made whereby the official respondents are required to be directed to appoint the petitioner as Associate Professor/Senior Scientist by counting his back experience.

(2.) THE petitioner was appointed as Research Assistant in Agriculture Department on 15 -02 -1967. He was adjusted as Junior Soil Physcist on 06 -05 -1977. Later on by virtue of Order No 34 -E of 1982 dated 27 -05 -1982 he was directed to assume the charge of the Assistant Agricultural Chemist upon which post he worked right from 1977, though he was working in his own pay and grade.

(3.) UNDER Advertisement Notice No. 19/AU/Admn/ A -153 -84/15098 -15217 dated 03 -03 -1984 applications were invited for various posts, including that of Associate Professor/Senior Scientists. Requisite qualification for eligibility for the post of Associate Professor/Senior Scientist was doctorate with seven years experience of teaching/research in the subject, out of which four years should be in the rank of Asstt. Professor or equivalent. It will be pertinent to mention here that the post of Asstt. Agricultural Chemist is equivalent to Assistant Professor. This position has been admitted in para 14 of the counter affidavit filed by the official respondents. The counter affidavit also reveals that the petitioner was selected and his name was sponsored by the Selection Committee as well. Later on he was dropped because he did not have the requisite experience of four years as Assistant Professor. This was so because the service rendered by him as Asstt. Agricultural Chemist was not counted.