IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 28.10.2021

Pronounced on:10.11.2020

WP(C) No.1904/2021

CM No.5814/2021

CM No.6984/2021

HUZAIF ULLAH MIR

...PETITIONER(S)

Through: - Mr. Hamza Prince, Advocate.

Vs.

NATIONAL INSTITUTE OF TECHNOLOGY …RESPONDENT(S)

Through: - Mr. Jahangir Iqbal Ganai, Sr. Adv. With

Mr. Murfaad, Advocate.

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1)

Petitioner has challenged advertisement notice bearing

No.NIT/Non-Teaching-Recruitment/2020/6(NT) dated 14.10.2020,

issued by respondent No.3, whereby applications have been invited

from eligible candidates for recruitment to certain non-teaching posts

including the post of Assistant Librarian.

2)

According to the petitioner he had participated in the selection

process for the post of Assistant Librarian that was initiated by the

respondents pursuant to their earlier advertisement notice bearing

No.04-F of 2018 dated 14.06.2018. It is the case of petitioner that after

qualifying the written test, he along with five more candidates was

shortlisted for interview which was scheduled to be held on 23.05.2019.

It is averred that the petitioner appeared in the said interview and fared

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extremely well, as a result of which he was sure of his selection. It is

contended that the respondents even after completing the selection

process did not issue final select list which compelled the petitioner to

file a representation dated 10.12.2019 but no action was taken by

respondents on his representation. Ultimately the respondents instead

of issuing the final select list, issued the impugned advertisement notice

whereby the post of Assistant Librarian has been re-advertised.

3)

The petitioner has challenged the aforesaid action of respondents

on the ground that the issuance of fresh advertisement notice by

respondents is arbitrary and unreasonable; that respondents are not

justified in leaving the selection process midway and issue a fresh

advertisement notice; that the respondents are bound to finalize the

selection process in a timebound manner and, as such, abandoning the

selection process initiated pursuant to advertisement notice of the year

2018 is unreasonable and violative of Articles 14 and 16 of the

Constitution.

4)

The writ petition has been contested by the respondents by filing

a reply thereto. In their reply, respondents have submitted that the

minutes of the Selection Committee that was constituted pursuant to the

issuance of advertisement notice of the year 2018 were placed in 99^th

Board of Governors meeting of respondent Institute for approval as

Agenda Item No.08/99. It was observed by the Board of Governors that

the Registrar of the Institute was not part of the Selection Committee

which is a requirement as per the Statutes of National Institutes of

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Technology, as such, it was decided that a legal opinion be sought

before issuing the appointment order in favour of the recommended

candidate. The matter was, accordingly, taken up by the respondent

Institute with two of its Standing Counsels and an opinion was received

which was placed before the Board of Governors. The said opinion was

considered by the Board of Governors and in terms of Resolution

No.08/101 dated 19.10.2019, it was decided that the post of Assistant

Librarian be re-advertised. Accordingly, the respondent Institute has

issued the impugned advertisement notice.

5)

In short, the contention of respondents is that constitution of the

Selection Committee which undertook the selection process pursuant

to the advertisement notice of 2018 was not in accordance with the

provisions of National Institutes of Technology Act, 2007 and the

Statutes framed thereunder. It is contended that as per Clause 5 of

Statute 23, the Selection Committee in the case of the post of