High Court leaves it open for SKUAST-K to take call on APs selection

High Court leaves it open for SKUAST-K to take call on APs selection
File photo of J&K High CourtMubashir Khan/ GK File

Srinagar: The High Court on Monday left it open for the Sheri Kashmir University of Agricultural Sciences and Technology-K (SKUAST-K) to take a decision regarding conclusion of selection process of Assistant Professors (APs) in various disciplines in the varsity.

A division bench of Chief Justice Pankaj Mithal and Sanjay Dhar issued the direction, setting aside its single bench order whereby SKUAST-K was directed to proceed with selection process in the streams of Veterinary Physiology, Live Stock Production Management, Veterinary Public Health and Veterinary Biochemistry in terms of advertisement notices issued on March 7 and 26, 2019.

The selection process had come to a halt after Finance department in government had raised an objection that the University was required to seek financial concurrence before advertising the posts. Moreover, the department had said that the proposal had to be routed through Agriculture Production department, which is the administrative department.

While the Finance department had ordered that no recruitment against the vacant posts should be made by public sector undertakings, autonomous bodies and societies, without its prior concurrence, the SKAUST had clarified its position that the already advertised sanctioned positions including the posts of the APs in question needed no concurrence.

Pointing out that the (SKUAST) was not obliged to seek prior financial concurrence for initiation of selection process in respect of duly sanctioned vacant posts, the DB said it was of the view that the direction issued by the single bench asking the University to proceed and conclude the selection process was not in accordance with law.

Disposing of the appeal filed by the government, the court set aside the judgment and left open to the varsity to take a decision with regard to conclusion of selection process of advertised posts independent of prior financial concurrence from the Government.

The administration had said that University depends upon the Government for financial assistance and, as such, financial concurrence was mandatory prior to making appointments to the posts as the same involves financial implications to be borne by the Government.

The government contended that the petitioners have no right of appointment merely on the strength of having applied against the advertised posts and that the employer is well within its rights to abandon the selection process in respect of the posts advertised by it.

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