STATE TIMES NEWS JAMMU: In a landmark Judgment, the First Puisne Judge of J&K High Court Justice Rajesh Bindal has allowed a writ petition filed by Priyanka Arya, wife of Dr. Satyapriya Arya, resident of F-6, 101, Rohini Sector-15, New Delhi who despite recommendations in her favour by the Selection Committee had been denied appointment by the Jammu University (JU) for the post of Assistant Professor (AP) in the Department of Sanskrit under Open Merit Category and instead of appointing her the Jammu University had re-advertised the aforesaid post vide advertisement Notice No. Adm/TW/C&R/ 17/2053-73 dated November 30, 2017 without finalising the selection process initiated vide advertisement Notice No. Adm/TW(C&R)/ 16 /1642-92 dated April 18, 2016, in which petitioner was a candidate and was shown at S.No.1 in the merit list. After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner whereas Advocate Sanchit Verma appearing for Jammu University, Justice Rajesh Bindal in an approved for reporting Judgment quashed the re-advertisement Notice dated November, 30, 2017 and directed the Jammu University that there is no requirement to fill up the same post for which recommendations had already been made in favour of the petitioner. The First Puisne Judge further issued directions to the Jammu University to act upon further on the recommendations made by the Selection Committee in accordance with law. The Court also directed, “to avoid any further litigation, it is clarified that in case the petitioner is appointed, she shall be entitled to all the benefits from the date of her joining the post”. Advocate S.S. Ahmed appearing for the petitioner submitted that the petitioner had participated in the process of selection and there was no allegation against her or any of the Members of the Selection Committee. “The candidate namely Dr. Babua Narayan Mishra against whom certain allegations about biasness of a Member of the Selection Committee were raised, was merely in the waiting list as there was only one post. The petitioner had secured 76.40 marks whereas the candidate in the waiting list had secured merely 72.00 marks”, Advocate Ahmed submitted adding that because of biasness of one of the experts towards one of the candidates entire selection process cannot be cancelled especially when that candidate has not been selected and further submitted that the Selection Committee was headed by the Vice-Chancellor. “Because the petitioner was recommended being No.1 in the merit list unanimously, shows that nothing had transpired at the time of interview of the candidates. It came later in the notice of the authorities that Dr. Babua Narayan Mishra was pursuing his PhD under the guidance of Prof. Manu Lata Sharma, who was an expert in the Interview Committee”, he added. On the other hand Advocate Sanchit Verma appearing for Jammu University submitted that once it came to the notice of the authorities that one of the experts in the Selection Committee Prof. Manu Lata Sharma was guide of one of the candidates in his Research for PhD, the entire selection was cancelled as there was biasness. Advocate Verma further submitted that merely because the petitioner was in the select list at S.No.1, the same does not confer any right on her. Upon this, the court observed that it is evident from the recommendations made by the Selection Committee that there were two more candidates above Dr. Babua Narayan Mishra who had secured 72.60 and 72.40 marks as against 72.00 marks secured by him. “Recommendation was made for selection and appointment of the petitioner, whereas Dr. Babua Narayan Mishra was directed to be kept in the waiting list. May be the other two candidates who had secured more marks than him may have better claim but this issue does not arise in the present case. As the candidate who was at S.No.1 in the merit list was recommended to be selected and appointed and there was no allegation of biasness in her case”, the court observed.
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