h475

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on : 20.09.2022

Pronounced on : 28.09.2022

Syeda Afshana Bhat

...Petitioner(s)

Through:- Mr. M. A. Qayoom, Advocate

V/s

University of Kashmir and others

...Respondent(s)

Through:- Mr. Tasaduq H. Khawja, Advocate

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

JUDGMENT

1.

The petitioner is an Associate Professor in Media Education and

Research Centre of the University of Kashmir [>the University?]. She is

aggrieved of and has sought a writ in the nature of certiorari for quashing

following orders/communications issued by the University:-

(a) Order No. F (Placement. Sr. Scale-CAS) RC/KU/10/124

dated 19-05-2010;

(b) Communication No. F(Seniority-Ap. MERC) Admn

TW/KU/19/6176 dated 27-04-2019; and

(c) F(MERC-Seniority)Adm-TW-218464 dated 08-01-2021.

The order/communications hereinabove shall be hereinafter

referred to as impugned order/communications respectively.

WP(C) No.135/2021

2 WP(C) No.135/2021

2.

Before adverting to the grounds of challenge urged on behalf of the

petitioner and the rebuttal thereto given by the respondents, it would be

appropriate to notice material facts.

3.

The petitioner and respondent No.6 applied for the solitary post of

Lecturer in Media Education and Research Centre [MERC] of the

University, notified for direct recruitment vide advertisement notice No.

F.10 (Apptt-Gen)Adm/TW dated 22.01.2002. In the selection process, the

petitioner came to be selected against the post and was, accordingly,

appointed by the University vide Order No. F.10 (Apptt-Gen) Adm/TW/02

dated 16.05.2002 as Lecturer MERC. Vide same order the respondent No.6

too was appointed as Lecturer MERC on regular temporary basis. The

order of appointment dated 16.05.2002 was, however, subject to approval

of the Syndicate of the University. The Syndicate in its meeting held on

06.12.2003 cleared the appointment of the petitioner and, accordingly, the

University vide its order dated 03-04-2004 confirmed the services of the

petitioner as Lecturer, MERC with effect from 17.06.2003. The respondent

No.6, however, continued on regular temporary basis. In the year 2007, the

University vide its advertisement notification No. F.10 (Apptt-Gen)

RC/KU dated 20.07.2007 invited applications for making recruitment

against various posts which included two posts of Lecturer (Migrant),

MERC. The respondent No. 6, who was already in temporary employment

of the University, made it to the selection against one of the two posts and

was, accordingly, vide Order No. F10 (Apptt-Gen) RC/KU dated

08-12-2007 appointed as Lecturer purely on temporary basis against

3 WP(C) No.135/2021

migrant vacancy in MERC. This appointment of the respondent No.6 was

subject to ratification by the Syndicate and to the decision, if any, taken by

the Syndicate with regard to filling up of the migrant vacancies. It seems

that pursuant to the decision taken by the University to fill up the migrant

vacancy on permanent basis in its meeting held on 21-09-2017, the

temporary services of the respondent No.6 were confirmed and as a result

the University vide its order dated 20-10-2017 confirmed the respondent

No.6 as Assistant Professor ( earlier Lecturer), MERC with effect from

08-12-2008.

Vide order impugned dated 19-05-2010, both the petitioner and

respondent No.6 were placed in the senior scale of Assistant Professors in

MERC with effect from 17-05-2008 and 17-05-2007 respectively. This is

where respondent No.6 stole a march ahead of the petitioner. It is important

to note that both the petitioner and respondent No.6 were given the benefit

of senior scale of Assistant p