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VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Sheikh Javeed Ahmad – Appellant
Versus
State of J&K – Respondent
| Table of Content |
|---|
| 1. factual background of appellants' appointments. (Para 2 , 3) |
| 2. arguments regarding the validity of the appointments. (Para 4 , 6) |
| 3. court's analysis of qualifications and decisions. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. mistakes in the high court's decision. (Para 13) |
| 5. court's order for reinstatement of appellants. (Para 14 , 15 , 16) |
ORDER :
Leave Granted.
2. These appeals question the correctness of a judgment and order dated 11th July 2014 passed in OWP (PIL) No.861 of 2010 and the order dated 30th March 2018 in RPIL No.43 of 2014 as well as the order dated 30th March, 2018 in RPPIL No.43/2014, by the High Court of Jammu and Kashmir at Srinagar, whereby appointments as Assistant Professors, granted to the appellants herein, namely, Dr. Sheikh Javeed Ahmad & Dr. Abdul Hamid Rather, were set aside as being incompatible with the rules and regulations, and the reviews sought thereagainst being dismissed as well.
At the outset, we note an order of this Court passed on 3rd November 2023-
Public Interest Litigation can challenge appointments violating statutory regulations, but courts must consider factual impossibilities regarding qualification requirements.
with the passage of time, continuance of petitioners on the posts to which they were appointed on adhoc basis, has given rise to a legitimate expectation for consideration of their cases for regulari....
Vacancies from non-joining selected candidates must be filled from next available merit list candidates, rejecting arbitrary inaction and technical delays.
Withdrawal of appointment recommendation without merit-based reasoning violates principles of fairness and employee rights in public service.
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