H.C. directs CUJ to maintain the status of the petitioner

Non-confirmation of Asst Prof in CUJ

Jammu Tawi, January 7

Justice Mohammad Yaqoob Mir of Jammu Kashmir High Court (Jammu Wing) has directed the Vice Chancellor and Registrar of Central University of Jammu to maintain the present status of the petitioner as Assistant Professor in the Department of Human Resource Management and Organizational Behaviour.

These court directions were passed in a writ petition filed by Anjali Pathania Assistant Professor Department of Human Resource Management and Organizational Behaviour challenging Executive Council decision dated July 15, 2016 and also communication dated August 14, 2016 whereby the Central University of Jammu deferred the confirmation of the petitioner alongwith some other employees of the University whose names have been mentioned in the CVC complaint.

After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner Justice Mohammad Yaqoob Mir issued notices to the Vice-Chancellor, Registrar Central University of Jammu and Secretary, Ministry of Human Resource Development Government of India returnable within four weeks.

 

Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted that as per Ordinance No.11 framed by the Central University of Jammu every teacher shall be appointed on probation for a period of twelve months which may be extended by the Executive Council by a further period of 12 months subject to the condition that the total period of probation shall in no case exceed 24 months. The said Ordinance further says that the confirmation at the end of 12 months unless the probation is extended shall be automatic.

While advancing the case of the petitioner Advocate S.S. Ahmed submitted that petitioner came to be appointed as Assistant Professor on 29-06-2013 and she was entitled to confirmation on 01-07-2014 after the completion of period of 12 months but for no valid reasons the University deferred the confirmation of the petitioner by referring some CVC Complaint alleging irregularities in the selection of University teachers. Advocate Ahmed further submitted that the name of the petitioner does not figure in the said anonymous complaint and the petitioner is just being harassed and victimized by the University Administration solely for the reason that she happens to be daughter of Former OSD Administration.

Advocate S.S. Ahmed drew the attention of the court towards the similar writ petitions preferred by similarly situated teachers namely Pavinder Singh and Dr. Bhavna Arora wherein the interim directions were issued for maintaining the present status of the petitioners.

After considering the submissions of Advocate S.S. Ahmed Justice Mohammad Yaqoob Mir of Jammu Kashmir High Court (Jammu Wing) directed the Vice Chancellor and Registrar of Central University of Jammu to maintain the present status of the petitioner as Assistant Professor in the Department of Human Resource Management and Organizational Behaviour and further directed the respondents to file their objections within four weeks.   JNF

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