Excelsior Correspondent
JAMMU, Aug 12: The High Court Jammu has quashed the Jammu University orders whereby Prof Archana Kesar was removed from headship of the Dogri Department and incharge of the Principal IMFA as well as Director SVAPDA.
Disposing of a petition, filed by Prof Archana Kesar, challenging the university action against her, the court has also directed the JU to restore status and position of the petitioner as it was prior to passing of the impugned orders.
“The impugned order numbers Adm/TW/15/946-96, dated 16-02-2015 and Adm/TW/15/936-45, dated 16-02-2015, are quashed and by issue of writ of mandamus, respondents are directed to restore the status and position of the petitioner,” ruled Judge Janak Raj Kotwal in his order on the petition.
However, the court added that quashing of the impugned orders will not come in the way of the respondents to take fresh action in the matter by following the principles of natural justice or in the way of the power of the Vice-Chancellor under Statute 22 to be exercised in the manner as it is exercised in the normal course.
Senior Advocate Sunil Sethi appeared for the petitioner while the JU was represented by W S Nargal in the case.
After hearing both the sides, the High Court observed that the decision to divest the petitioner of the post of the HoD Dogri and Principal IMFA were taken by the Vice-Chancellor without according consideration to the clarification sought and obtained from her and much less without hearing her or providing her opportunity of being heard.
“The principles of natural justice required that the explanation submitted by the petitioner should have been accorded consideration to and the petitioner should have been given opportunity of being heard. Such a course seems to have been ordered by the Vice-Chancellor but got frustrated due to incorrect reporting made by the Registrar on 16-02-2015. Clarification submitted by the petitioner was not accorded consideration as the same was not placed before the VC, observed the HC and quashed the impugned orders.
It may be recalled that Prof Archana Kesar was divested of the three charges on February 16 because of allegedly not maintaining confidentiality of contents of her letters dated 22-12-2014 and 30-12-2014 pointing out that the answer scripts entrusted for evaluation to Prof Shiv Dev Singh Manhas, were evaluated by at least three persons. Alleged sharing contents of these letters had led to a press conference by the JURSEA following which action was taken against Prof Archana Kesar.
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