Srinagar: High Court of J&K and Ladakh has held “legally valid” the nomination of Prof Irshad A Nawchoo as Dean Research by the Vice-Chancellor of Kashmir University.
In a plea before the Court, Prof Khurshid A Butt from the Department of Commerce was aggrieved of the order dated 29.9.2021 issued by the concerned authority on behalf of the Vice Chancellor by virtue of which Nawchoo has been appointed as Dean Research purportedly in exercise of powers vested in the Vice Chancellor vide Statute 1.6 of the regulations framed under the Kashmir and Jammu Universities Act of 1969.
Statute 1.6 of the Regulations states that “One of the senior most Professors of the University shall be nominated by the Vice Chancellor to function as Dean Academic Affairs in addition to his normal duties.”
Prof Butt had contended that in the tentative seniority list dated 1.10.2017 framed by the University, he figured at serial 12 whereas, Prof Nawchoo figured at serial 36.
Butt said by the time, the Vice Chancellor nominated Prof Nawchoo as Dean Research, he had become pre-eminently suited for such nomination as most of the other professors above him had either retired or had already served in various capacities as Dean.
Being the senior most, Butt said, there was no reason to ignore him for the nomination as Dean Research.
Dismissing Butt’s plea, a bench of Justice D S Thakur said: “On a bare perusal of the statute 1.6, it can be seen that the Vice Chancellor has been given the authority to nominate a Professor as Dean Research from out of the ‘senior most Professors’. The said statute does not confine the nomination to the senior most Professor”.
“In my opinion, there is absolutely no doubt that the Vice Chancellor has been given the freedom and free play in the joints to consider for such a nomination not just to the senior most professor, who figures at the top of the seniority list but has been given the freedom to determine the suitability from other professors whose names figure in the seniority list,” Justice Thakur said, adding the suitability may be determined by the Vice Chancellor on account of personal experience, reputation, knowledge of the concerned Professor in the respective field as also his contribution in academics.