Excelsior Correspondent
Srinagar, Aug 23: High Court today observed that the Sher-i-Kashmir University of Agriculture, Science and Technology (SKUAST) being an autonomous body does not require concurrence from Finance Department for initiation of filling up of vacant posts and directed the SKUAST to take decision with regard to conclusion of the selection process of various post as advertised by it.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar while setting aside the writ court judgment partly said the writ court has fallen into an error while issuing direction to SKUAST to conclude the process of selection on the strength of the fact that the writ petitioners had applied pursuant to the advertisement notification in question.
Court said the petitioners have no right of consideration for appointment when the process of selection is still at its inception. “While we hold that the respondent-University is not obliged to seek prior financial concurrence for initiation of selection process in respect of duly sanctioned vacant posts”, we are of the view that the mandamus issued by the Writ Court directing the respondent University to proceed and conclude the selection process is not in accordance with law and, as such, the same is liable to be set aside”, DB said.
Court has left it open to the respondent University to take a decision with regard to conclusion of selection process of advertised posts independent of prior financial concurrence from the Government. This instant appeal was directed against the judgment of the Writ Court filed by the Finance Department.
The candidates in the writ petition were seeking direction to conclude the selection process initiated pursuant to advertisement notice No.02 of 2019 dated 07.03.2019 and notice dated 26.03.2019 for selection and appointment of Assistant Professor, Junior Scientist in the discipline, stream of Veterinary Physiology, Live Stock Production Management, Veterinary Public Health and Veterinary Biochemistry with a further direction to accord consideration to them by subjecting them to interview and test after assessing their comparative merit and to offer them appointment in case they make the grade as there was lapse of about nine months since the date of issuance of the advertisement notices, the selection process has not progressed beyond the screening stage.
The SKUAST in its reply to the petition in view of a circular dated 4th July, 2019 issued by the Finance Department of the Government of Jammu and Kashmir took a stand that the selection process has been put on hold and in this regard correspondence between the Finance Department and the respondent University is going on.
Court said the powers and functions of the University confers power upon the University to create administrative, ministerial and other posts and to appoint persons to such posts which include the University Council, Board of Management, Academic Council, Research Council and the Extension Education Council.
Court has made it clear that the respondent-University is an autonomous body having its own identity distinct from that of the Government and the Act provides complete guidelines with regard to structure and functioning of the University and do not provide for any role of the Government in the functioning of the University except that certain officers of the Government in their capacity as members of various committees and authorities of the University have a role to play in running the affairs of the University.
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