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2016 DIGILAW 392 (JK)

Jai Kumar Sharma v. Central University of Jammu and anr.

2016-07-23

RAMALINGAM SUDHAKAR

body2016
JUDGMENT Petitioner has filed the instant writ petition seeking the following reliefs. “(i) Writ, order or direction in the nature of Writ of Certiorari quashing the communication/office note whereby petitioner has been declared ineligible for the post of Controller of Examination in the Central University of Jammu. (ii) Writ, order or direction in the nature of Writ of Certiorari quashing the communication/office note whereby petitioner has been declared ineligible for the post of Finance Officer in the central University of Jammu. (iii) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to treat the petitioner as eligible for the post of Controller of Examination in the Central University of Jammu and to consider his case on its merits. (iv) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to treat the petitioner as eligible for the post of Finance Officer in the Central University of Jammu and to consider his case on its merits.” On 11.03.2016 following order was passed by this Court. “Issue notice. Mr. Govind Raina accepts notice. He seeks and is allowed two weeks’ time to file objections. Mr. Raina, learned senior counsel fairly stated that subject to the determination of the eligibility of the petitioner, with a view to avoid prejudice, he would be interviewed. However, the result of the petitioner shall not be declared till further orders.” Mr. Raina, learned senior counsel for the respondent/University states that result is available with him and with the permission of the Court, same can be declared. Accordingly, sealed cover was received and result declared. The result of the petitioner and other candidates is as follows: “Minutes of the meeting of the Selection Committee for the post of Controller of Examinations in the Central University of Jammu held on 29.03.2016 at 2:30 PM in the Meeting Hall, Temporary Academic Block, Central University of Jammu, Sainik Colony, Jammu. The following were present: 1. Prof. Ashok Aima, Vice-ChancellorChairperson 2. Prof. Kailash Sharma, Department of Botany, University of Rajasthan, JLN marg, Jaipur — 302004, Rajasthan, IndiaMember (Visitor’s Nominee) 3. Prof. Ashok Ogra, Director, Apeejay Institute of Mass Communication, Apeejay Campus, Institutional Area, Sector — 8, Dwarka, New Delhi – 110077Member 4. Prof. Mohammad Israrul Hague, Member Dean and Chairman, Dept. of Business Administration, B — 7, Medical Colony, Aligarh Muslim University, Aligarh — 202002, U.P.Member 5. Prof. Prof. Ashok Ogra, Director, Apeejay Institute of Mass Communication, Apeejay Campus, Institutional Area, Sector — 8, Dwarka, New Delhi – 110077Member 4. Prof. Mohammad Israrul Hague, Member Dean and Chairman, Dept. of Business Administration, B — 7, Medical Colony, Aligarh Muslim University, Aligarh — 202002, U.P.Member 5. Prof. R.D. Sharma, Vice-Chancellor, University of Jammu, Baba Saheb Ambedkar Road, Jammu Tawi (J&K).— 180006Member 6. Prof. Me’raj Ud Din Mir, Vice-Chancellor, Central University of Kashmir, Nowgam Campus — II, Nowgam, Srinagar (J&K) — 190015Special Invitee One post of Controller of Examinations for a period of five years (tenure post 05 years) was advertised vide notification No. CUJ/ADM/10-12/(ADVT.RECT.)/2013/7359 dated 08-06-2015. The University received 20 applications for the post, out of which the Screening/Scrutiny Committee found 07 persons eligible to appear in the interview for the post of Controller of Examinations, in compliance to the order of Hon’ble High Court of J&K, (in the matter of Sh. Jai Kumar Sharma & Central University of Jammu) is also permitted to appear in the interview, subject to outcome of the said court case. The following candidates appeared before the Selection Committee: 1. Dr. Shashi Kanta D/o Sh. Davinder Parshad Gupta 2. Dr. Jatinder Khajuria S/o Sh. J.C. Khajuria 3. Sh. Rajinder Singh S/o Sh. Sangat Singh 4. Dr. Twinkle Suri D/o Sh. B.K. Sun 5. Dr. Rajinder Kumar S/o Sh. Khazan Chand 6. Sh. Jai Kumar Sharma S/o Sh. Girdhari Lal Accordingly, after taking into consideration the academic background and, administrative experience, domain knowledge, performance in the interview and suitability of the candidates for the post. The committee did not find any one of the six candidates interviewed suitable for the post and therefore recommends for re-advertisement of the position”. “Minutes of the meeting of the Selection Committee for the post of Finance Officer in the Central University of Jammu held on 29.03.2016 at 10:00 AM in the Meeting Hall, Temporary Academic Block, Central University of Jammu, Sainik Colony, Jammu. The following were present: 1. Prof. Ashok Aima, Vice-ChancellorChairperson 2. Prof. Kailash Sharma, Department of Botany, University of Rajasthan, JLN marg, Jaipur — 302004, Rajasthan, IndiaMember (Visitor’s Nominee) 3. Prof. Ashok Ogra, Director, Apeejay Institute of Mass Communication, Apeejay Campus, Institutional Area, Sector — 8, Dwarka, New Delhi – 110077Member 4. Prof. Mohammad lsrarul Hague, Dean and Chairman, Dept. of Business Administration, B — 7, Medical Colony, Aligarh Muslim University. Aligarh — 202002, (U.P.)Member 5. Prof. Prof. Ashok Ogra, Director, Apeejay Institute of Mass Communication, Apeejay Campus, Institutional Area, Sector — 8, Dwarka, New Delhi – 110077Member 4. Prof. Mohammad lsrarul Hague, Dean and Chairman, Dept. of Business Administration, B — 7, Medical Colony, Aligarh Muslim University. Aligarh — 202002, (U.P.)Member 5. Prof. Me’raj Ud Din Mir, Vice-Chancellor, Central University of Kashmir, Nowgam Campus — II, Nowgam, Srinagar (J&K) — 190015Member One post of Finance Officer for a period of three year (tenure post 03 years) was advertised vide Notification No. CUJ/ADM/10-12/(ADVT. RECT.)/2013/7359 dated 08-06-2015. The University received 25 applications for the post, out of which the Screening/Scrutiny Committee found 05 persons eligible to appear in the interview for the post of Finance Officer. In compliance to the order of Hon’ble High Court of J&K, (in the matter of Sh. Jai Kumar Sharma & Central University of Jammu) is also permitted to appear in the interview, subject to outcome of the said court case. As per section 44(b) of Central Universities Act, 2009, the first Finance Officer shall be appointed by the Visitor, out of a Panel of three persons submitted to him and shall hold office for a term of three years. The following candidates appeared before the Selection Committee: 1. Dr. Jatinder Khajuria S/o Sh. J. C. Khajuria 2. Sh. Jai Kumar Sharma S/o Sh. Girdhari Lal Accordingly, after taking into consideration the Administrative, and Finance & Accounts experience, domain knowledge, performance in the interview and suitability of the candidates for the post. The committee did not find any one of the two candidates interviewed suitable for the post and therefore recommends for re-advertisement of the position.” As per the above result, no candidate has been found suitable for the posts of Finance Officer and Controller of Examinations in the Central University of Jammu. In view of the above, the instant petition has been rendered infructuous. Dismissed along with connected MP(s). The petitioner is at liberty to work out his remedy, if aggrieved.