The High Court has directed the government to make fresh academic arrangements by engaging eligible candidates as Assistant Professors in government degree colleges in Kashmir division.
Disposing a writ petition by a group of aggrieved candidateswith PhD in various subjects, a bench of Justice Ali Muhammad Magrey directedthe government to make within one month the fresh arrangement from the eligiblecandidates by adhering to its policy in letter and spirit.
According to the guidelines issued by Higher Educationdepartment on 8 February last year vide its order no. 78-HE of 2018, thePrincipals of the Government Degree Colleges have to issue notifications formaking academic arrangements. The notice has to be issued in the first week ofJanuary in Kashmir division and in the last week of May for Jammu divisionevery academic year.
The merit list, according to the guidelines, is to beprepared by the Nodal Principals before 15 days of the start of academicsession—1st March in Kashmir division and 1st July in Jammu division.
On 30-03-2019, the government, however, issued an orderextending the tenure of the candidates who were previously engaged as APs forthe academic session 2018-19 beyond 30 March to 31 July 2019.
The petitioners were aggrieved of this extension.
On behalf of the aggrieved candidates, advocate G N Shaheentold the court that in keeping with the guidelines for engaging the candidateson academic arrangement basis in colleges, the nodal Principals were bound toissue advertisement notification afresh in first week of January this year.
“There is a constitutional, statutory and legal failure ofthe duty on part of the respondents in issuing advertisement notification inthe first week of January 2019,” Shaheen said.
The candidates were aggrieved of the order of HigherEducation department whereby extension was granted to the tenure of thecandidates engaged for the session 2018-19 beyond March 30 to 31 July 2019. “The extension is illegal and unlawful beingin contravention of the government order,” Shaheen added.
The petitioners were seeking directions for engagement onacademic arrangement basis in government degree colleges in Kashmir division inaccordance with the guidelines contained in government order no. 78-HE of 2018dated 8-2-2018.