TAHIR MAHMOOD Vs. VICE CHANCELLOR AND OTHERS

JUDGEMENT

(1.) Petitioner, who claims to be eligible, applied for the post of Assistant Professor, posts in the discipline of English, in response to Advertisement (Annexure-A) dated 04.02.2015 issued by the Baba Ghulam Shah University, Rajouri. Out of the six advertised posts, four were under Open Merit Category, one was under Scheduled Caste Category while one was under Scheduled Tribe Category. Petitioner applied under the Open Merit Category.

(2.) Petitioner was issued interview letter dated 12.05.2016 vide registered post by respondent No. 4 for 31.05.2016 but the said letter allegedly was delivered by the Postman of Post Office Sangla to the petitioner only on 09.06.2016 i.e. after the date of interview. Petitioner approached respondent No. 4 on 10.06.2016 and submitted a representation with copy to respondent No. 1 requesting to be interviewed for the post of Assistant Professor in the discipline of English on the ground that he did not receive the interview call letter within time due to negligence of the postal department but to no avail. It has further been pleaded that notification for conduct of interview for the post of Assistant Profession in the discipline of English was not published in the newspaper, only mode adopted by the official respondents was to intimate the concerned candidates through registered post.

(3.) Plea is that respondent No. 5 not having delivered the call letter to the petitioner within time due to negligence, the petitioner could not be penalized for the same as the negligence was attributable exclusively to respondent No. 5 i.e. Postman concerned.