TASKEENA FAZIL Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) This petition seeks indulgence of this Court for issuance of an appropriate Writ including one in the nature of certiorari through which the process of selection undertaken by the respondents for filling the post of Reader in Iqbal Institute University of Kashmir in pursuance to Advertisement Notice dated 20.2.1995 be quashed. Besides this recommendations made in favour of Respondent No. 6 on the basis of interview held on 24.8.1996 at New Delhi also be quashed. A Writ of Mandamus be also issued to respondents to consider the case of the petitioner for appointment against the available post of Reader.

(2.) A post of Reader fell vacant in Iqbal Institute of Kashmir University. Advertisement Notice No. III of 1996 besides for other posts invited applications from eligible candidates. The petitioner as well as Respondent No. 6 applied for the post. Their applications were entertained and both were interviewed at "Kashmir House Chanakya Puri, "New Delhi on 24.8.96. The petitioner while apprehending that the Selection Committee has recommended the name of Respondent No. 6 as Reader, rushed to the Court and filed this petition. Be it placed on record that neither any appointment has so far been made and nor it is known to anybody as to who was recommended by the Selection Committee. The petitioner has only in para eleven of her petition revealed that she after finishing the interview "came to know" that Respondent No. 2 has recommended Respondent No. 6. The source of the knowledge is not disclosed nor is any material placed before the Court that any recommendations have been made by Respondent No. 2 so far.

(3.) That the filling up of this post is actuated by malice. Mala fides have not directly been explained; however, indirectly it is maintained that recommendations of Respondent No. 6 were made under the influence of Sh. Mohd. Maqbool Dar, Minister of State for Home Affairs, Government of India and Mufti Mohammad Syed, Ex-Union Home Minister.