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2023 Supreme(J&K) 462

N. KOTISWAR SINGH, MOKSHA KHAJURIA KAZMI
University of Kashmir the Registrar – Appellant
Versus
Sabiya Rashid – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: D.C. Raina, Jeetendir Singh.
For the Respondents: R.A. Jan, Adnan Naqash, Suhail Mehraj.

JUDGMENT :

N. KOTISWAR SINGH, J.

1. A significant question of law of seminal importance and relating to financial autonomy of the University of Kashmir qua the authority of the State as the ultimate custodian of public fund which renders financial assistance to the University of Kashmir, has arisen in this apparently a routine litigation relating to claim for regularization by casual/contract employees serving in the University of Kashmir.

2. The Ld. Single Judge on being satisfied with the claim of certain casual/contract appointees including the present private respondents (writ petitioners) for regularization, directed to proceed with the process of their regularization by creating supernumerary posts initiated by the University of Kashmir by the impugned judgment and order dated 26.08.2022 passed in WP (C) No. 1797 of 2020.

3. The authorities of the University of Kashmir (hereinafter referred to as the “University”) have challenged this direction of the learned Single Judge primarily on the ground such a direction cannot be carried out without the approval of the Administration, it being the ultimate custodian of the finance of the Union Territory because of which the matter was pr

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