JAMMU, Aug 7: High Court has quashed the order of appointment of Dean Faculty of Mathematical Sciences in University of Jammu.
The order was passed in a petition filed by the Prof. Vibhakar Mansotra, who challenged the order dated 14.9.2017 issued by the Dean Academic Affairs University of Jammu whereby Prof Rahul Gupta (respondent) has been nominated as Dean Faculty of Mathematical Sciences.
“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 CAS with reference to the date of eligibility as indicated in the recommendations of the selection committee of the respective candidates”, Advocate Sumit Nayyar, counsel for the petitioner submitted.
After hearing counsel for the petitioner whereas Advocate Ajay Abrol for the State, Justice Dhiraj Singh observed, “this court is of the opinion that for the purposes of appointment as Dean, the petitioner was certainly shown senior to respondent No. 4 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 up to 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 19.04.2012 giving retrospective benefit of promotion as Professor having remained in-existence and unchallenged the petitioner could not have been denied the benefit from the 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 No. 4”, High Court said.
With these observations, Justice Dhiraj Singh Thakur quashed the order impugned dated 14.09.2017 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”, Justice Thakur ordered.