In a petition, 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.
Justice Ali Mohammad Magrey after hearing both the sides observed that 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.
Justice Magrey further observed that 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.
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.
With these observations, High Court allowed the petition 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.JNF