HC quashes order of appointment of Dean of Mathematical Sciences

08/08/2018

JAMMU, Aug 7: In a petition filed by the Prof. Vibhakar Mansotra challenges the order dated 14.9.2017 issued by the Dean Academic affairs university of Jammu where in Prof Rahul Gupta respondenthas been nominates as Dean Faculty of Mathematical sciences and petitioner claims to be senior to respodent.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 their own pay and grade.
Justice Dhiraj Singh after hearing Adv Sumit Nayyar for the petitioner whereas Adv Ajay Abrol for the State observed that 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, cn 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 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 said 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.
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 No. 4 as Dean Faculty of Mathematical Sciences for the Department, shall stand quashed. Petitioner, being senior to respondent No. 4, would be considered as eligible for any such appointment over and above the respondent No. 4. JNF

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