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2018 Supreme(J&K) 106

Khurshid Iqbal Andrabi – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Mr. Z.A. Shah, Sr. Adv. with Mr. I. Sofi, Adv.
For the Respondents: Mr. Jahangir Iqbal Ganai, A..G with Mr. Sheikh Umar Farooq, G.A. Mr. D.C. Raina, Sr. Adv. with Mr. Tufail Qadiri, Adv. Mr. Mohammad Shoeb Alam, Adv.

JUDGMENT :

1. The present petition has been filed by the petitioner inter alia seeking a writ of prohibition, restraining the respondents to give effect to the order dated 8th of September, 2017 passed by the Chancellor and also prays for a writ of mandamus to the respondents to permit him to continue as Vice Chancellor for a period of five years from the date he took charge as such.

2. With a view to understand the background on which the present controversy has arisen, it is necessary to give a few material facts in brief:

3. The petitioner came to be appointed as the Vice-Chancellor of the Kashmir University by virtue of order dated 17th of October, 2014 passed by the Chancellor of the University of Kashmir in terms of the powers vested in him under Section 12 of the Kashmir and Jammu Universities Act, 1969 (for short, Act of 1969). The appointment was for a period of three years with effect from the date the petitioner would take over charge on such terms and conditions, which were to be notified separately. It appears that subsequently that the terms and conditions came to be notified by virtue of order dated 21.1.2015 issued under orders of the Chancellor.

4. Section 12(5) of the



























































































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