HC imposes Rs 25000 cost on BGSBU for delaying appointment

Excelsior Correspondent
JAMMU, Oct 31: In a landmark judgment, High Court has quashed the re-advertisement Notification No.BGBSU /Reg/ 15/3083-3099 dated May 29, 2015 for one post of Assistant Professor in Urdu Department of Baba Ghulam Shah Badshah University, Rajouri and imposed cost of Rs 25,000 on the University for delaying the appointment.
While quashing the re-advertisement, Justice Dhiraj Singh Thakur directed the University to consider the petitioner’s case for appointment in terms of the recommendations made by nine member Selection Committee pursuant to the advertisement Notification No.BGBSU/ Estab/11/3779-3799 dated July 22, 2011 by passing appropriate orders within a period of two months.
Justice Thakur, while expressing displeasure over denial of appointment to the petitioner despite being meritorious, said, “the petitioner was being dragged into the present controversy unnecessarily”. He directed the University to award Rs 25,000 as cost to the petitioner.
These court directions were passed in a writ petition filed by Dr Mushtaq Ahmed Wani (DLit) Urdu Literature challenging re-advertisement Notification No.BGSBU/Reg/15/3083-3099 dated May 29, 2015 whereby one post of Assistant Professor in Urdu Department was re-advertised and the Executive Council of the University had decided not to act upon the recommendations of the nine member Selection Committee which had recommended petitioner for the post of Assistant Professor Urdu pursuant to advertisement Notification No.BGBSU/ Estab/11/3779-3799 dated 22-07-2011.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Irfaan Mohammad Khan and Rahul Raina appearing for the petitioner, Justice Dhiraj Singh Thakur expressed concern over the manner in which prejudice was caused to a duly selected candidate and observed, “strangely enough, the University appears to have very readily agreed to the objections so raised, not on the ground that the subject expert was lacking in qualification for the purposes of being nominated as a subject expert, but only on the apprehension that the University would be embroiled in some litigation and for these reasons the decision of the University to re-advertise the post was, therefore, on the face of it illegal and arbitrary”.