Excelsior Correspondent
Srinagar, Oct 27: High Court has warned of punitive action for abuse of power by the officials of Sher-i-Kashmir University of Agriculture, Sciences and Technology (SKUAST) in the selection process and observed that law only should be followed and adhered to run the affairs of the Varsity.
These observations have been passed by Justice Javed Iqbal Wani in a judgment whereby the selection and appointment of an employee as Workshop Assistant in 2010 made by the University has been held as bad in law and accordingly quashed.
Justice Wani after having regard to the nature of controversy involved in the petition of one Mehrajud din Najar said, the case in hand reflects a glaring and brazen example of abuse of power by those at the helm of affairs in the University at that relevant point of time.
The Court has expressed its strong displeasure against the state of affairs as noticed by the University while making appointment and selection on the post in question way back in 2010, instead of recommending a punitive action against all concerned involved in the matter, cautioned University and its officers in this regard. Court recorded that law and law alone should be followed and adhered to while running the affairs of the University.
Court while accepting the plea of aggrieved-Najar quashed the selection and appointment of private respondent who was appointed on the post in question in 2010 with the direction to the University to offer to the petitioner-Najar appointment against the post of Workshop Assistant advertised vide advertisement notices 12 No. 06 of 2008 dated 04.06.2008 2008 read with 3 of 2009 dated 22.08.2009, in view of his merit and extend him all consequential benefits thereof to which he becomes entitled thereto.
Court has also imposed a penalty of Rs. 10,000 upon the higher officials of varsity and directed the penalty-amount be paid to the petitioner-Najar having regard to the manifest injustice suffered to him at the hands of the University.
Court said the position that emerges from the records of the case and the arguments advanced by the advocate T H Khawja appearing counsel for petitioner-Najar manifestly demonstrate that the selected employee has secured the appointment against the post in question in league and connivance with official of the varsity, by employing illegal means and in the process having deprived the petitioner-Najar of his selection and appointment against the post in question being next in order of merit.
Justice Wani recorded that the employment is a public property and the first step to fill a vacancy is advertisement and every appointment to the public post or office has to be made by open advertisement so as to enable all eligible persons to compete for selection on merit.
“An advertisement notice issued and published constitutes a representation to the public and the issuing authority is bound by such representation and it cannot act contrary to it. The power to make appointments includes power to prescribe qualifications to select suitable candidates and for being eligible a candidate must possess the prescribed qualification”, Justice Wani said.
Court further added that a candidate who does not possess the requisite qualification has no right to be considered for appointment as the qualification fixed and prescribed for a particular post is deemed to have nexus with the nature of the post and duties attached thereto.
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