STATE TIMES NEWS
JAMMU: Justice Dhiraj Singh Thakur of State High Court on Tuesday quashed the order regarding appointment of Dean Faculty of Mathematical Sciences, University of Jammu (JU).
The court passed the direction in a petition filed by the Prof. Vibhakar Mansotra challenging the aforesaid order dated September 14, 2017 issued by the Dean Academic Affairs University of Jammu wherein Prof Rahul Gupta respondent has been nominated as Dean Faculty of Mathematical Sciences. The petitioner in his plea has claimed that he is senior to the aforesaid respondent.
Advocate Sumit Nayyar appeared for the petitioner while Advocate Ajay Abrol represented the State.
It was submitted that University Grants Commission has framed the guidelines and as per Clause 16.3 inter se seniority of a direct recruit shall be determined with reference to the date of joining and for the teachers promoted under Career Advancement Scheme (CAS) with reference to the date of eligibility as indicated in the recommendations of the selection committee of the respective candidates.
The court observed that for the purpose of appointment as Dean, the petitioner was certainly shown senior to respondent, in the seniority list, which had been issued prior to the passing of the order impugned and therefore, on the date when the order impugned was passed, the material on record which included the seniority list framed upto that stage as also the decisions taken by the University clearly suggested that the benefit of seniority could not have been denied to the petitioner. Moreover, order dated April 19, 2012 giving retrospective benefit of promotion as Professor having remained in-existence and unchallenged the petitioner could not have been denied the benefit from the aforesaid date or at least from the date of adoption of the UGC Regulations which even in that case would make the petitioner senior to the respondent.
With these observations Justice Dhiraj Singh Thakur quashed the aforesaid order and any other order, which might have been issued during the pendency of the present petition appointing/nominating the respondent as Dean Faculty of Mathematical Sciences. Petitioner, being senior to respondent, would be considered as eligible for any such appointment over and above the respondent, the court also observed.
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