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| BGSBU directed to appoint petitioner as asstt prof | | | Early Times Report
Jammu, Oct 31: Displeased over the denial of appointment to the petitioner despite the recommendation of a 9-member selection committee, high court judge Dhiraj Singh Thakur has directed BGSBU (Baba Ghulam Shah Badshah University), Rajouri, to appoint him as assistant professor in Department of Urdu.
He also quashed the re-advertisement notification No BGBSU/Reg/15/3083-3099 dated May 29, 2015 for the one post of assistant professor in BGSBU's Urdu department, directing the university to consider the petitioner's case for appointment in terms of the recommendations made by 9-member selection committee pursuant to the advertisement notification No BGBSU/Estab/11/3779-3799 dated July 22, 2011 by passing appropriate orders within two months.
Justice Thakur, while expressing displeasure over the denial of appointment to the petitioner despite being meritorious, directed the university to award Rs 25,000 as cost to the petitioner.
The court directives came in a petition filed by Dr Mushtaq Ahmed Wani, challenging the re-advertisement notification, whereby the post of assistant professor in Urdu department was re-advertised and the BGSBU's executive council had decided not to act upon the recommendations of the 9-member selection committee.
BGSBU had taken a stand after the selection committee's recommendations after two candidates -- Mehmood Ahmed and Abdul Mehmood -- who had also appeared before the selection process with the petitioner, had raised objections to the appointment of Dr Aziz Abbas as a subject expert as he was Head of Department of Persian Studies, Guru Nanak Dev University, Amritsar, and had no expertise in Urdu.
After hearing the petitioner's counsels, Justice Thakur observed that from the perusal of qualification of the subject expert, who had done his M A and Ph D in Urdu, it was clear that he had all the attributes of being nominated as a subject expert and associated in the process for selecting the candidate for the post of assistant professor in Urdu.
He said the university was not justified in accepting the representation filed by the two candidates who had also participated in the process of selection but finding themselves not anywhere near the merit of the petitioner had chosen to challenge the process on that feeble ground. He said law was well settled that a candidate having participated in the process of selection and finding himself unable to get selected could not be permitted to challenge the process of selection and in this regard the court placed reliance upon the judgment of the Apex Court in a case titled Om Parkash Shukla v/s Akhilesh Kumar Shukla.
With these observations, Justice Thakur allowed the petition and quashed the re-advertisement, directing the university to consider the petitioner's case for appointment. (JNF) |
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