Jammu & Kashmir High Court – Srinagar Bench
Dr. Saba Manzoor Ganie & Ors vs University Of Kashmir & Ors on 20 December, 2024
Serial No. 44
Supplementary-1 Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 2983/2024
CM No. 8121/2024
Dr. Saba Manzoor Ganie & Ors.
... Petitioner(s)
Through: -
Mr G. A. Lone, Advocate.
V/s
University of Kashmir & Ors.
... Respondent(s)
CORAM:
HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER)
20.12.2024
01. The Petitioners, claiming to be working as Contractual
Lecturers on academic basis in the Department of Law of the Respondent-
University for a period ranging from 06 to 12 years, have filed this Petition
aggrieved of an Order dated 27th of May, 2024 issued by the Respondent-
University in respect of all the Petitioners herein, besides, one Dr. Yasir
Latif Handoo, for their engagement keeping the same valid only till the end
of the academic session of 2024 as against the orders passed by this Court
in an earlier Writ Petition WP (C) No. 169/2024 preferred by the Petitioners
before this Court.
02. It has been asserted that in the earlier Writ Petition filed by the
Petitioners, vide Order dated 31st of January, 2024, it had been ordered to
stay the operation of the impugned advertisement notice dated 15 th of
January, 2024 qua the posts held by the Petitioners in the Department of
Law, provided the Petitioners are not disengaged. It is further stated that a
Co-Ordinate Bench of this Court, vide Order dated 6th of March, 2024,
passed in a batch of Petitions with the lead case of ‘Dr. Wasim Iqbal
Nehvi & Anr. v. University of Kashmir‘, had directed to act in full
compliance of the interim directions and directed the respective Registrars
to submit the Compliance Report.
03. The learned Counsel appearing for the Petitioners has drawn
the attention of this Court to an Order passed by the Division Bench of this
Court in LPA No. 21/2024 preferred by the Petitioners herein against an
Order dated 31st of January, 2024 passed by a learned Single Judge of this
Court in an application arising out of WP (C) No. 169/2024, whereby the
learned Single Judge had directed stay of advertisement notice dated 15th of
January, 2024 qua the posts held by the Petitioners in the Department of
Law, provided the Petitioners are not disengaged. He submits that the
Division Bench, while relying upon the law laid down by the Apex Court in
a case titled ‘Manish Gupta & Anr. v. President, Jan Bhagidari Samiti
& Ors.‘, reported as ‘(2022) 15 SCC 485’ to the effect that the adhoc
appointment can be replaced only by regular appointed candidates who are
appointed after following due procedure prescribed and not by another
adhoc arrangement, directed the learned Single Judge to make an endeavour
to dispose of the Writ Petitions raising similar issues expeditiously, with a
further stipulation that if, for any reason, the Petitions cannot be disposed of
by 28th of February, 2024 and the academic session commences on 1 st of
March, 2024, the services of the present Appellants/ Petitioners herein shall
be re-engaged till appropriate decision is rendered by the learned Single
Judge in accordance with law and also that even if the impugned
advertisement notice had been proceeded with for appointment to the
advertised posts, the same shall not be finalized, without the leave of the
Court.
04. The learned Counsel for the Petitioners further argued that the
Respondent authorities, while phrasing the impugned Order dated 27th of
May, 2024, had mischievously provided that the academic arrangement in
favour of the nine Contractual Lecturers of the Department of Law shall be
valid upto the end of academic session of 2024 or till the interim orders
passed in the matter are vacated/ modified by the Court, whichever is
earlier. He submits that the Petitioners have an apprehension that given the
wording of the Order impugned, the Respondents, on the end of the
academic session of 2024 in ending December, which being earlier as per
the impugned Order, intend to not follow the interim orders passed by the
Court earlier in point of time, without seeking their vacation/ modification.
05. Heard learned Counsel for the Petitioners and perused the
pleadings on record.
06. A case for indulgence, at this stage, is made out.
07. Issue notice to the Respondents in the main Petition as well as
in the connected CM, returnable within a period of four weeks. Requisites
for service within two weeks.
08. List again on 17th of March, 2025.
09. In the meanwhile, subject to Objections from the other side
and till the next date of hearing before the Bench, the Respondents are
directed not to embark upon to issue any fresh advertisement notice for
making similar adhoc arrangement which is being enjoyed by the
Petitioners at the moment and issue fresh engagement orders on contractual/
academic arrangement in favour of the Petitioners. This Order, however,
shall not be an impediment for the Respondents in making regular selection
for the posts held by the Petitioners on contractual/ academic basis and the
Respondent-University shall be at liberty to proceed in the matter of regular
selection, if it chooses so.
(M. A. CHOWDHARY)
JUDGE
SRINAGAR
December 20th, 2024
“TAHIR”
Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document