Jammu & Kashmir High Court - Srinagar Bench
Dr. Ghulam Rasool Khan vs Union Of India And Others on 30 November, 2018
Author: Rashid Ali Dar
Bench: Rashid Ali Dar
Serial No.01
Supplementary List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
IA No.05/2018
In SWP No.2255/2014
Date of decision: 30.11.2018
Dr. Ghulam Rasool Khan Vs. Union of India and others.
Coram:
Hon'ble Mr Justice Rashid Ali Dar, Judge
Appearance:
For the Petitioner(s): Mr. Z. A. Shah, Sr. Adv. with Mr. A. Hanan, Adv.
For the Respondent(s): Mr. T. M. Shamsi, ASGI with Ms. Nazima, Adv-for R1.
Mr. Jahangir Iqbal Ganai, Sr. Adv. with Mr. Suhail, Adv.
for R2 to R9.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1) In terms of instant IA, the petitioner seeks a direction for reservation of post
of Professor HAG Scale, while pleading that the petitioner had been considered by the competent authority for selection and appointment against the post of Professor. The decision regarding his selection was kept in a sealed cover which was summoned by the Court and it was found that the petitioner had been selected for the said post. In case the writ petition is decided in favour of the petitioner, as is further pleaded, he would become entitled to hold the post of Professor from o1.01.2009. A notice has been issued on 15.11.2018, forming Annexure A2 to the IA, in terms of which applications have been invited from eligible Professors of National Institute of Technology for Higher Administrative Grade (HAG). According to the petitioner, since there is uncertainty about the status of the IA No.05 in SWP No.2255/2014 Page 1 of 3 petitioner, till the petition is finally decided by the Court, it would be proper to direct the respondents to reserve one post of Professor HAG Scale as, according to him, he has a right to be considered for such position. The petitioner would become entitled and eligible to hold the post of Professor HAG Scale in accordance with the method/procedure prescribed by SO 947 (E) dated 21.07.2017, upon decision in writ petition, is being further submitted.
2) Learned counsel for the petitioner, on being heard, has invited attention of the Court towards various orders passed in the matter and also the developments referred in the IA along with what is being projected in the writ petition by the petitioner. It is also being canvassed that in case post is not reserved, as projected in the IA, an alternate direction may be granted by which respondents will entertain application of the petitioner for the post for which notice supra stands issued. The respondents may, subject to eligibility of the petitioner and further outcome of writ petition, accordingly take further follow up action, on the application so submitted, is also being submitted.
3) Mr. Jahangir Iqbal Ganai, learned Senior Counsel, appearing for respondent NITS, has submitted that there is no scope for directing one post to be reserved till writ petition is decided finally as the petitioner does not possess the requisite qualification to hold the said post. It is being further submitted that for the post referred in IA, the eligibility as well as suitability is a reckoning factor which has to be examined by the competent authority and the petitioner, as such, is not having any right to have the interim assistance as prayed for.
4) Considered the rival submissions in the light of material available. On perusal of the writ petition, it is revealed that petitioner has claimed that he was due for promotion to the post of Professor in terms of Career Advancement Scheme in the year 2008. Reference of earlier petition field before the Court is IA No.05 in SWP No.2255/2014 Page 2 of 3 being made, in terms of which respondents had been directed to accord consideration to petitioner's claim for counting his adhoc service as Lecturer Physics, Kashmir University and thereafter for the promotion that may come his way under rules and take a decision in the matter within eight weeks. According to the petitioner, the respondents could not reject his claim as they could not sit in appeal over the judgment passed by the Court.
5) Order passed on 22nd of May, 2018, in terms of which respondents had been directed to pass suitable orders with regard to grant of financial upgradation under the Scheme to the petitioner as Professor with AGP of Rs.10,000/ within a period of three weeks from receipt of certified copy of the order, had been challenged by the respondents in LPA(SW) No.94/2018. The said order was set aside and the Writ Court requested to consider the writ petition for final decision with reference to the claim of rival parties.
6) Considered the rival contentions. While weighing the relative merit of the contentions raised at this stage for disposal of this application, it appears expedient to grant interim assistance and so it is directed that the respondents, subject to further outcome of writ petition, shall allow the petitioner to offer his candidature for the post notified in terms of advertisement notice and, on submission of the application so to be submitted, the competent authority/selection committee shall, accordingly, accord consideration to the candidature(s) so offered in terms of the norms/rules governing the field and also examine his suitability and eligibility.
7) IA shall stand disposed of.
(Rashid Ali Dar)
Judge
Srinagar
30.11.2018
"Bhat Altaf, PS"
IA No.05 in SWP No.2255/2014 Page 3 of 3