Point of Law: 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 regularization.

JUDGMENT :

1. By this judgment, two writ petitions, one filed by Dr. Syed Shujat Hussain (SWP No.683/2013) and other filed by Dr. Firdous Ahmad Raina (SWP No.681/2013), are proposed to be decided.

2. On 15.02.2008, Sher-e-Kashmir University of Agricultural Sciences & Technology, Kashmir (for short “the respondent University”) issued advertisement notice No.03 of 2008 dated 15.02.2008, inviting applications for various posts including the posts of Assistant Professor/Junior Scientist in the subjects of Plant Pathology and Soil Science. In response to the said advertisement notice, petitioner Dr. Firdous Ahmad Raina applied for the post of Assistant Professor/Junior Scientist in the subject of Plant Pathology whereas petitioner Dr. Syed Shujat Hussain applied in the subject of Soil Science. As per the notification, the requisite qualification for the aforesaid posts was given as under :

“Essential

i. High Second Class Master’s degree or equivalent post-graduate qualification in the concerned subject.

ii. Two years experience of teaching/research or extension education as the case may be.

Or

Ph. D degree in the subject concerned.

Note:-:

i. In case of candidates who hold Post-graduate qualification in other subject/discipline but have been working in the discipline concerned, additional two years experience will be required over and above the minimum prescribed period.

ii. Requirement of professional degree shall be deemed as essential qualification.

iii. Candidates working in concerned Development Departments of the State can also apply for the post, provided they possess two years experience and 1st Class Master’s degree in the relevant discipline.

iv. In the discipline Agri. Engineering, Veterinary Sciences & Animal Husbandry, requirement of experience is relaxable.

v. Experience relaxable for candidates having qualified National Eligibility Test (NET) conducted by ASRB, ICAR, New Delhi.

3. Both the above-named petitioners claim that they were possessing the requisite qualification and experience. The interviews are stated to have been conducted by the respondent University but when the select list was issued, the petitioners did not find their names in the same and instead ineligible persons i.e., respondent No.4 in SWP No.683/2013 and respondents No.4 and 5 in SWPNo.681/2013, found their way in the select list. According to the petitioner in SWP No.681/2013, respondent No.4-Dr. Nasreen Fatima, was neither holding the Ph.D. degree nor the requisite experience at the relevant time whereas respondent No.5-Dr. F.A. Mohi-ud-Din, was possessing Master’s Degree in Plant Protection and not in Plant Pathology. Petitioner in SWP No.683/2013 has contended that respondent No.4-Dr. Miss Uzma Bashir, was holding only M.Sc. Degree in Soil Science and she was not having any doctorate degree nor was she having any experience.

4. It is the further case of the petitioners that when they pointed out these mistakes to the authorities of the respondent University, they were assured that the same will be rectified and in the meantime petitioner Dr. Syed Shujat Hussain was appointed against the available post of Subject Matter Specialist, Soil Science, on ad hoc basis for a period of 06 months vide University order No.22 (Est) of 2010 dated 06.01.2010 whereas petitioner Dr. Firdous Ahmad Raina was appointed as Subject Matter Specialist, Plant Pathology, on ad hoc basis for a period of 06 months in terms of University order No.23 (Est) of 2010 dated 06.01.2010. The aforesaid ad hoc arrangement of the petitioners came to be extended from time to time and they are continuing as such as on date.

5. It is contended by petitioners that they made a number of representations before the authorities of respondent University seeking regularization of their services as they had been appointed on ad hoc basis after undergoing regular process of selection and were working continuously on sanctioned posts but instead of doing so, the official respondents issued impugned advertis