Jammu & Kashmir High Court - Srinagar Bench
Dr. Naseer Mir & Others vs Union Territory Of J&K And Others on 18 March, 2021
1
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
LPA No. 33/2021
CM No. 1502/2021 c/w
Caveat No. 276/2021.
Dr. Naseer Mir & Others.
.........Appellant(s)
Through: Mr. Salih Pirzada, Advocate
V/s
Union Territory of J&K and others
.......Respondent(s)
Through: Mr. Shah Amir, AAG with
Ms. Sharaf Wani, Assisting counsel.
CORAM:
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
JUDGEMENT
(Open Court)
Notice.
Mr. Shah Amir, AAG, who is on caveat enters appearance and
waives notice on behalf of respondents/caveators.
Caveat discharged.
1. The instant Letters Patent Appeal (LPA) has been preferred against
the judgment and order dated 5th March, 2021, passed in WP (C) No.
29/2021, whereby the petition, challenging the Government order
No.118-SKIMS of 2012 dated 6th November, 2012, has been
dismissed on the issue of estoppel.
2. It appears that writ petitioners-appellants are working as Faculty
members in SKIMS Medical College, Bemina, and had applied for the
ABDUL RASHID GANAI
2021.03.25 22:44
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integrity of this document
post of Principal by responding to the Advertisement Notice No. 01 of
2021 dated 7th January, 2021. It is not denied by the counsel for the
respondents that all the petitioners-appellants are eligible in terms of
the age requirement for the purposes of appointment against the post
of Principal, advertised vide aforementioned advertisement notice.
The apprehension expressed by the counsel for the appellants is that in
case any of the appellants are appointed against the post of Principal,
then the tenure ought not to be two years as prescribed in terms of the
condition No. (iv) of the advertisement notice read with Government
order dated 6th November 2012. The argument advanced by counsel
for the appellants is that the tenure fixed by virtue of the impugned
clause in the advertisement notice as also in the Government order
(supra) is without any legal basis and that the tenure ought not to be
02 years but coterminous with the age of superannuation. It is also
admitted that the age of superannuation as prescribed in various
Medical Colleges is 62 years. It is also admitted that both the
appellants have crossed the age of 60 years.
To our mind, the entire focus of the appellants appears to be
academic for the following reasons:-
Presuming any of the appellant is appointed to the post of
Principal, they, in any case, would superannuate by age of 62 years
and, therefore, the tenure they would get in the ordinary course would
not be more than 02 years.
ABDUL RASHID GANAI
2021.03.25 22:44
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integrity of this document
Secondly, the appellants are presuming that they would be
selected as Principals, when there is only one post of Principal and
the writ petitioners before the writ Court were 03 in number and
before us only 02 of them have chosen to file the L.P.A. The number
of aspirants may be much more than the appellants before us. Whether
the appellants at all get selected in the process of selection, initiated
pursuant to the Advertisement Notice No. 01 of 2021 dated 7 th
January, 2021, is anybody's guess. To that extent in our opinion, the
issues raised appear to be academic and do not need any decision on
these grounds at all. It would be open to the respondents to complete
the process of selection within a shortest possible period and in case
any of the appellants, upon consideration, is selected for appointment
to the position of Principal, then he would be permitted to continue till
the end of the tenure.
3. Disposed of accordingly.
(VINOD CHATTERJI KOUL) (DHIRAJ SINGH THAKUR)
JUDGE JUDGE
Srinagar
18th March, 2021.
"Ab. Rashid"
ABDUL RASHID GANAI
2021.03.25 22:44
I attest to the accuracy and
integrity of this document
