ROOP KRISHAN BHAT Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) PRESENTLY , the petitioner is working as Reader in Political Science, University of Kashmir. He joined the University as lecturer in November 1974. In 1987, he was upgraded to the post of Reader vide order No. F. 1 (PP Scheme)/Adm dated 23 -10 -1987. He also performed the duties of Head of Department, Political Science during this period.

(2.) 'During the course of service, he had occasion to work under Dr. Z.M. Qureshi, who was at that time Professor and Head of Department Political Science, University of Kashmir. Dr. Z.M. Qureshi remained in the service of University for more than ten years and left in September, 1977. Pursuant to advertisement Notice No. F.10 (APP -Gen)/ Admn/T/W/96 dated July 27, 1996 applications were invited for the post of Professor, Reader and Lecturer in various disciplines, among them was Political Science against Item No. 29 of the advertisement notice. It prescribed qualifications for the post of Professor in Political Science. Since the petitioner possessed the prescribed qualifications, he applied for the post of Professor. His application was entertained and he was called for interview vide interview slip dated 6 -2 -1997. Through this petition, he has challenged the. Constitution of Selection Committee being not in conformity with Section 36 of Universities Act, 1969. According to him, whatever action is taken by this Selection Committee would stand vitiated since it is not constituted in accordance with law. Pointing out the defect in the constitution of Selection Committee, reference has been made to Section 36 of Universities Act. 1969 where under constitution of Selection Committee is as under;

(3.) ACCORDING to petitioner, Panel experts were Dr. Z.M. Qureshi and Dr. Naqvi. Only Z.M. Qureshi was available while Dr. Naqvi was replaced by Dr. Vidya Bhushan, Professor Political Science, Jammu University though he was not at all in the panel. Thus, according to the petitioner, the Selection Committee is vitiated for two reasons namely, that two persons having special knowledge of the subject should not be connected with the University and that the expert should be on the panel of the University. Since Dr. ZM. Qureshi had been in the Department, Political Science, he was connected with the University. Dr. Vidya Bhushan was not on the panel of expert, therefore, he could not be associated in the Selection Committee.