FEROZ AHMAD MIR Vs. PRINCIPAL, GOVERNMENT MEDICAL COLLEGE

JUDGEMENT

(1.) By medium of this petition, the petitioner has called in question the validity of order bearing No. 888 AH of 2019 dated 18th of February, 2019, in terms whereof his engagement on academic arrangement basis stands terminated ab initio from the date of his absence from duties.

(2.) After hearing the learned counsel for the parties and perusing the documents on record, what comes to limelight is that the petitioner was appointed as Laboratory Assistant on academic arrangement vide order bearing No. 238 of 2018 dated 20th of July, 2018 for a period of one year or till such time the post held by him is filled by the competent authority, whichever is earlier. The duration of such appointment of the petitioner was one year and during this year the petitioner had absented himself from duty, resulting in the issuance of the order impugned.

(3.) It is well settled position of law that while holding any post on academic arrangement, no indefeasible right vests with that individual holding such a post for claiming protection under Article 311 of the Constitution of India and Article 126 of the Constitution of State of Jammu and Kashmir. Likewise, as is the case herein this petition, no right of the petitioner could be said to have been violated by the respondents while issuing the impugned order. It is the conduct of the petitioner, coupled with the nature of engagement of the petitioner that has resulted in the issuance of the impugned order.