Time has come to stay firm on frivolous litigation: HC

Orders Rs 5 lakh compensation to candidates who were denied appointment in NIT for 2 years
 J&K High Court, Srinagar
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar, July 8: Disapproving of frivolous litigations, the J&K and Ladakh High Court has directed Director National Institute of Technology (NIT) Srinagar to pay Rs five lakh in equal share to two candidates as compensation for denying them appointment as junior engineers in the Institute.

Allowing a petition by the two candidates Faizan Amin and another, who were selected as JEs in NIT, a bench of Justice Sanjeev Kumar also dismissed a separate application filed by two persons who are working on these two posts on contractual basis and imposed Rs 2 lakh fine on them.

Holding the application of the two contractual persons for impleadment as “misconceived” in view of the fact that they had filed a few litigations before the High Court as well as Civil Court to “perpetuate their stay at the cost of the petitioners who were duly selected in the selection process,” Justice Kumar directed them to pay the costs of Rs 2 lakh in equal share before the court’s Registry within a period of four weeks.

“Time has come to stay firm on frivolous litigation lest it will prevent the Courts from taking up good causes involving adjudication of vital constitutional and other statutory rights of the citizens,” the court said, adding, “It would be no exaggeration to say that a major portion of Court time is wasted in hearing and weeding out frivolous litigation.”

To serve the cause of justice and to keep the stream of justice unsullied, the court said, it was imperative for the Courts to act tough and discourage the tendency of some litigants to “misuse the process of law”.

“Imposition of exemplary costs on the applicants is to send a clear and loud message to the litigants like the applicants herein that they should refrain from such attempts lest they are most certainly to face the serious consequences.”

Meanwhile, the court found “sufficient” merit in the petition filed by Faizan Amin and other candidate selected on 08.12.2021 and ordered director NIT to issue the requisite offers of appointment to them as JEs Civil and Electrical respectively within a period of four weeks.

The Court also held the petitioners entitled to a compensation to the tune of Rs 5 lakh (2.50 lakh each) to be paid by the Director NIT within four weeks. The Court however made it clear that respondent the director NIT on payment of compensation to the petitioners shall be entitled to recover the same from the officer on whose account the appointment of the petitioners has been delayed.

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