The main legal point established in the judgment is that an appointment made in violation of essential eligibility conditions is non-est in the eyes of the law and cannot be condoned or ratified.

JUDGMENT :

1. The petitioner has challenged order No.87(Est) of 2011 dated 06.06.2011, issued by respondents No.1 and 2, whereby the petitioner has been removed from the post of Reader retrospectively. Challenge has also been thrown to advertisement notice No.03 of 2011 dated 10.06.2011, so far as the same relates to the filling up of the post of Associate Professor/Reader, Business Studies, in the Islamic University of Science & Technology, Awantipora.

2. The facts which emerge from the pleadings of the parties are that vide advertisement notice No.01 of 2009 dated 17.06.2009, issued by the respondent University, applications were invited, inter alia, for the post of Reader in Business Studies. The petitioner, who was already working as a Lecturer in Management Studies in the same University, responded to the aforesaid advertisement notice. After completion of selection process, the respondents by virtue of order No.03(Est) of 2010 dated 22.02.2010, appointed the petitioner as Reader in Business Studies. However, vide communication dated 28.04.2010 issued by respondent No.3, a notice was issued to the petitioner whereby it was conveyed to him that certain discrepancies have been observed in the documents submitted by him in support of his eligibility as regards the experience for the post of Reader. The petitioner, vide his communication dated 14th May 2010, filed reply to the aforesaid notice but the respondents did not feel satisfied with the explanation tendered by the petitioner and concluded that the petitioner had secured his appointment by misrepresentation and concealment of material facts. Accordingly, the respondents invoked condition No.(iv) of the appointment letter of the petitioner and issued the impugned order thereby directing his removal from the post of Reader retrospectively.

3. The petitioner has challenged the impugned order on the grounds that the same has been issued without holding any enquiry and without issuing any show cause notice to him informing him about the proposed punishment. It has been further contended that the petitioner did not submit any false information in his application form and as per the rules in vogue, the petitioner was holding the requisite experience. The petitioner has also levelled allegations of mala fides against respondent No.3.

4. The respondents have contested the writ petition by denying the contentions raised by the petitioner. According to the respondents, the petitioner had concealed material information as regards his experience and had also furnished contradictory information, inasmuch as while filling up his form for the post of Reader, he had shown his period of experience as contractual Lecturer in the Department of Management Studies in Kashmir University from May, 2004, to December, 2005 but while filling up his form for the post of Reader, he had shown his period of experience as Lecturer in the Department of Management Studies in Kashmir University from 1st March, 2004 to 15th June, 2006. It is contended that as per the advertisement notice, the period spent for obtaining the Research Degree had to be excluded while computing the experience of teaching but the petitioner had concealed the fact that from the year 2004 to 2007 he had undergone Ph.D. course which is a research degree.

5. I have heard learned counsel for parties and perused the record of the case including the record produced by the respondents.

6. The record shows that the petitioner was appointed as Reader in terms of University Order No.03(Est) of 2010 dated 22.02.2010 pursuant to advertisement notice No.01 of 2009 dated 17.06.2009. One of the conditions of the aforesaid appointment order, which is relevant to the issue at hand, is condition No.(iv). The same is reproduced as under

(iv) If any declaration given or information furnished by him proves to be false or is found to have wilfully suppressed any material information, he will be liable for removal from service and such other action as may b