JUDGMENT By the present writ petition, the petitioners seek a writ of Mandamus in the name of respondents to conclude the selection process initiated in terms of Advertisement Notice no. 02 of 2019 dated 07.03.2019 and notice dated 26.03.2019, for selection and appointment of Assistant Professor/ Jr. Scientist in the discipline/ stream of Veterinary Physiology, Live Stock Production Management, Veterinary Public Health and Veterinary Biochemistry by breaking the stalemate beyond screening stage. Writ of Mandamus is further sought in the name of respondents to accord consideration to the case of the petitioners by subjecting them to the interview test after assessing the comparative merit and subsequently offer the petitioners the appointment in case they make the grade. 2. Briefly stated the petitioners claim to have responded to the advertisement notice no. 02 of 2019 dated 7th March 2019, seeking candidature of eligible candidates for the post of Assistant Professor/ Junior Scientist in the Pay Level (RL-10 Rs 57700-182400) UGC Scale in the Speciality/ Discipline/ Stream of Veterinary Sciences. The relevant portion of the advertisement notice is taken note of hereunder: “3)….Livestock Products Technology (1); Veterinary Surgery & Radiology (1); Animal Genetics & Breeding (1); Veterinary Anatomy (1); Veterinary Biochemistry (1) Livestock Production Management (2); animal Biochemistry 91) and Veterinary Physiology (1); Animal Production Gynaecology and Obstetrics (1) and Animal Production, Gynaecology & Obstetrics (01);” 3. In continuation to the aforesaid notice, the respondents issued notice dated 26.03.2019, providing therein as under: “In the Advertisement Notice No. 02 of 2019 dated 7.3.2019, please read as under:- “i. Livestock Production Management (2) [one each as Avian/Large] in place of Livestock Production Management (2) appearing in the 3rd line under Serial No. 3. ii. Assistant Professor/Jr., Scientist, Veterinary Public Health (1) as added after the words Animal Reproduction Gynaecology & Obstetrics (1) appearing in the 5th line under Serial No. 3. This shall be deemed to have been existing therein as such abinitio. Further, the last date for submission of Application form is hereby extended up to 10th April 2019.” 4. Being possessed of the eligibility the petitioners, amongst others, as per their specialization, applied for the posts in question. Petitioner no. 1 is stated to have applied for the post of Assistant Professor/ Jr. Scientist (Veterinary Physiology); petitioner no. 2 applied for the post of Assistant Professor/ Jr. Scientist Livestock Production Management; petitioner no. Being possessed of the eligibility the petitioners, amongst others, as per their specialization, applied for the posts in question. Petitioner no. 1 is stated to have applied for the post of Assistant Professor/ Jr. Scientist (Veterinary Physiology); petitioner no. 2 applied for the post of Assistant Professor/ Jr. Scientist Livestock Production Management; petitioner no. 3 applied for the post of Assistant Professor/ Jr. Scientist (Veterinary Public Health) while as the petitioner no. 4 applied for the post of Assistant Professor/ Jr. Scientist (Veterinary Biochemistry). 5. It is averred in the writ petition that the appointment by direct recruitment against the faculty positions including the ones under question are governed by Statute 6 of the Statutes made in terms of Section 40 of the Sheri Kashmir University of Agricultural Sciences and Technology (SKUAST) Act, 1982, hereinafter for short Act. 6. It is further averred in the writ petition that despite lapse of about nine months the selection process has not made any progress beyond Screening stage, thereby, prejudicing the interests of the petitioners who expect their selection against the posts in question as by such act of the respondents the fundamental right of consideration of the petitioners has been violated. 7. Learned counsel appearing for the Respondent University, for short SKUAST, waived notice on its behalf in terms of order dated 24th June, 2020 and subsequently the objections have also been filed. 8. This Court, in terms of order dated 22.07.2020, observed that in view of the communication of the Finance Department dated 4th July, 2019, the selection process of the posts in question has been put on hold by the University and the correspondence between the Finance Department and the University is going on. 9. In terms of order dated 29th July, 2020, the Government Counsel had been granted time to report instructions. Subsequent thereto, a status/ compliance report has been filed by the learned Government Counsel on behalf of the Finance Department. Perusal of the compliance/ status report reveals that the Finance Department has issued a circular on 4th July, 2019, in terms whereof the SKUAST was required to seek financial concurrence before advertising the posts in question and that it had to route the proposal through Administrative Department i.e., Agriculture Production Department which has not been done. Perusal of the compliance/ status report reveals that the Finance Department has issued a circular on 4th July, 2019, in terms whereof the SKUAST was required to seek financial concurrence before advertising the posts in question and that it had to route the proposal through Administrative Department i.e., Agriculture Production Department which has not been done. It is further mentioned in the status report that the employer is otherwise within his rights to cancel any selection process by recalling the posts advertised and the advertisement issued before the selection is actually made. 10. The question, therefore, for determination would be, as to whether the SKUAST was justified in issuing the advertisement notification in question without the concurrence of the Finance Department? 11. I have heard learned counsel for the parties at length; examined minutely all the material made available and considered the submissions made. 12. Admittedly, the petitioners have not supplied any reason qua delaying the process of selection by the SKUAST, but on notice the reason is supplied by the SKUAST only in its reply under REPLY ON MERITS head. The paragraph nos. 2 to 6, being relevant, are taken note of hereunder: “2. That while the process was underway, the Finance Department, Government of J&K vide Government Order No. 377-F of 2019 dated 04.07.2019, copy enclosed as (Annexure-III) inter-alia ordered as under: i. No recruitment against the vacant posts shall be made by public sector undertakings/ autonomous bodies/ societies without the prior concurrence of the Finance Department. ii. No recruitment shall be made by public sector undertakings/ autonomous bodies/ societies without following a transparent and due process including advertisement inviting applications from eligible candidates irrespective of the class of the posts. 3. That pursuant to the aforesaid Government Orders, the University vide letter No. AU/Adm/GAD/2019/6710 dated 10.07.2019, copy enclosed herewith as Annexure- IV, took-up the matter with Financial Commissioner, Finance Department, GoJK requesting for necessary concurrence for making recruitment by the University against the already advertised sanctioned positions after going through due process of selection including the positions advertised vide Advertisement Notice No. 02 of 2019 dated 07.03.2019. It was also brought to the notice of the Finance Department, GoJK that timely filling up of the posts in the subject matter faculty is a requirement so as to maintain accreditation of the respective faculty and the programmes offered thereunder. 4. It was also brought to the notice of the Finance Department, GoJK that timely filling up of the posts in the subject matter faculty is a requirement so as to maintain accreditation of the respective faculty and the programmes offered thereunder. 4. That the Finance Department, GoJK vide communication No. FA/Uni/SKUAST-K/apptt/2019/371 dated 31.12.2019, copy enclosed herewith as Annexure- V, asked the University for providing certain information concerning the subject, which information has been provided in full by the University vide No. AU/Adm (GAD)/Concurr/16539 dated 03.01.2020. Copy of same is enclosed herewith as Annexure-VI. The Finance Department, GoJK again vide their communication No. FD-VII-12 (11) Agri/SKUAST-IV dated 29.1.2020, copy enclosed herewith as Annexure- VII, asked the University to justify as to why financial concurrence was not sought before advertisement of the posts. They also desired that the proposal be routed through Agriculture Production Department, GoJK. In response the University vide communication No. AU/Adm (GAD)/Concur/2020/18609-13 dated 1.2.2020, copy enclosed herewith as Annexure-VIII, without delay clarified the matter to the Finance Department, GoJK as to why the concurrence with regard to advertising and filling up of the vacant posts by the University in terms of SKUAST-Act and Statutes was not a pre-condition for the University since inception. It is only because of the aforesaid government order that the concurrence was now required and otherwise no such concurrence was required earlier. With regard to other dates the communication dated 01.02.2020 is elaborative and self explanatory on the subject. 5. That it is also pertinent to mention here that there are other Advertisement Notices also, other than the Advertisement Notice No. 02 of 2019 dated 07.03.2019, in which case the concurrence from the Finance Department, GoJK regarding filling up of the posts advertised therein is also awaited as on date. Because of same reason, numbers of selection processes are at halt. The University has communicated necessary details to the Government and approval thereof is now awaited without which the University is having a serious handicap to make the recruitment. Pertinent to mention that due to paucity of faculty/ scientific staff, the University is already facing difficulty in furthering the advancement of learning and prosecution of research in Agriculture, Animal Husbandry and other allied branches, with particular emphasis on temperate and cold desert Agriculture to its desired level of accomplishment. However, the recruitment couldn’t be made due to the above explained reasons. 6. However, the recruitment couldn’t be made due to the above explained reasons. 6. That the University is in constant pursuit with the Finance Department, GoJK through reminders and personal visits for purposes of necessary concurrence enabling the University to complete the selection process and finalize the recruitment. The latest reminder resting on the subject has been issued by the University vide No. AU/Adm(GAD)/Concurrence/2020/3448 dated 07.07.2020. Copy of the said reminder/ letter is enclosed herewith as Annexure-IX.” 13. From the above reply it has become manifestly clear that the Finance Department of the Government of Jammu and Kashmir has ordered that no recruitment against the vacant posts shall be made by the public sector undertakings/ autonomous bodies/ societies without the prior concurrence of the Finance Department. The University has clarified the position in terms of communication dated 10.7.2019 by submitting that the already advertised sanctioned positions including the posts advertised in terms of Advertisement Notice No. 02 of 2019 dated 07.03.2019 need no concurrence and the order of the Finance Department has a prospective effect. 14. Stand of the Government Finance Department, on asking of the court, needs to be examined in light of the scheme of law regarding creation of the SKUAST for its establishment and incorporation in the erstwhile State of Jammu and Kashmir. 15. Admittedly, the SKUAST is a creation of the Act of Legislation which provides for the establishment and incorporation of the Sher-e-Kashmir Universities of Agricultural Sciences and Technology Act, for short as Act. Section 6 of the Act deals with the powers and functions of the University and clause (10) of Section 6 authorizes the University to create administrative, ministerial and other staff and to appoint persons to such posts. Chapter VI deals with the Funds and Accounts. Funds and Accounts are mainly generated from the income from fees, endowments and grants and income from properties of each University including hostel, experimental stations and farms. In furtherance of its objectives to accept the grants from the Government of Jammu and Kashmir or any other State Government or the Central Government or Statutory Bodies or endowments or donations under such conditions as may be agreed upon between the University and the granter or donor. In furtherance of its objectives to accept the grants from the Government of Jammu and Kashmir or any other State Government or the Central Government or Statutory Bodies or endowments or donations under such conditions as may be agreed upon between the University and the granter or donor. Section 48 of the Act deals with the appointment to posts in connection with the affairs of the University and it is provided that subject to provisions of the Act and the statutes made thereunder appointment to posts and services in connection with the affairs of the University may be made by the Vice-Chancellor with the approval of the concerned authority; provided that such approval shall not be necessary in respect of appointment to posts carrying scales of pay the maximum of which does not exceed the maximum of scale of an Assistant Professor. 16. Chapter II and Section 48 of Chapter VII deals with the appointment of the Officers and Staff of the University and the method of recruitment to such posts is covered under Rule 6 of the Statutes. Chapter XI deals with the creation of posts which provides that creation of posts in the pay scale the maximum of which does not exceed Rs. 8000 (pre-revised) revised to Pay Band of Rs. 9300-34800+ Grade Pay of Rs. 4200, will be within the competence of the Vice-Chancellor in consultation with the Financial Advisor and all other posts shall be within the competence of the Board of Management. 17. Admittedly, the posts advertised are created by the Competent Authority and are required to be filled up in terms of the Scheme of law as discussed hereinabove. From the scheme of law governing such selection and appointments, there is no scope for any concurrence to be sought from the Finance Department of the Jammu and Kashmir. However, such concurrence is only required to ensure the support of funds to the University probably for a reason that the University does not have sufficient funds to take care of the financial burdens like disbursement of salary to the staff etcetera. 18. Petitioners are admittedly competing the process of selection against the posts created by the University and in terms of the scheme of law are eligible. 18. Petitioners are admittedly competing the process of selection against the posts created by the University and in terms of the scheme of law are eligible. The selection process, however, is stalled because of the order issued by the Government which is not under challenge but as per the stand of the SKUAST the same has the prospective effect. 19. This Court is not inclined to go into this aspect of the case and return any finding as regards the competence and role of the Government in the case in hand as that is not the issue raised in the petition. The court, therefore, has to only settle the issue regarding completion of the process of selection against the advertised posts notwithstanding the order issued by the Government. 20. In view of the issue raised, the court feels it unnecessary to embark upon the powers of the government and the University qua the concurrence as the University has, on its own, accepted the order issued by the government qua requirement of concurrence before the issuance of advertisement for making selection against any post. But the fact of the matter is that the Government order that puts the selection process on hold is prospective in nature, therefore, the same does not have any bearing to the case in hand. Further, in view of the stand taken by the SKUAST and the petitioners having not questioned the Government order, therefore, there is no question for consideration of this Court whether the State Government has any power to override the decision of the appropriate authority of the University when such power is not conferred directly upon the Government under the Statute or regulation framed thereunder. This question is kept open for future consideration as and when such eventuality arises. 21. In view of above, this writ petition is allowed to the extent of directing respondent-University, SKUAST to proceed with and conclude the selection process subject matter of the writ petition after allowing all eligible candidates to participate therein notwithstanding the Government Order under dispute. 22. Disposed of.