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news details
HC upholds appointment of AP Sanskrit in JU
JU's LPA dismissed
7/23/2019 11:43:53 PM
Early Times Report

Jammu, July 23: The J&K High Court on Tuesday dismissed the Letters Patent Appeal (LPA) filed by the Jammu University against the judgment passed by a single bench that had upheld the appointment of a candidate as Assistant Professor in Sanskrit department of the varsity.
A Division Bench of the High Court (Jammu wing) comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma, after hearing advocate Wasim Sadiq Nargal for the JU and advocate Sheikh Shakeel Ahmed for the petitioner (Priyanka Arya), observed that there is no error in the findings recorded by the single bench.
Advocate Nargal argued that the single bench has not gone into the facts in its entirety wherein element of bias has been proved beyond shadow of doubt. He further submitted that the Apex Court in its various pronouncements has held that merely figuring in the select list does not ipso-facto vests right in favour of the selected candidate to be appointed and merely that the petitioner was figuring in the select list does not give a right of being appointed.
Advocate Ahmed appearing for the petitioner submitted that the single judge did not fall in any error while appreciating the controversy as there was no allegation against the petitioner or any of the members of the selection committee.
"The so-called controversial candidate namely Dr. Babua Narayan Mishra against whom certain allegations about biasness of a member of the selection committee were raised, was merely in the waiting list as there was only one post. The petitioner secured 76.40 marks whereas the candidate in the waiting list had secured merely 72.00 marks and there were two more candidates who had secured 72.60 and 72.40 marks but they were kept below the waiting list candidate Dr. Mishra," advocate Ahmed argued.
After considering the submissions of both the sides, the division bench dismissed the LPA filed by JU at the very threshold and upheld the judgment passed by the single judge, thus paving way for the appointment of the private petitioner as Assistant Professor in the Department of Sanskrit.
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