Srinagar: Jammu and Kashmir High Court on Monday directed the state government to defer the process of appointment of new vice chancellor of Kashmir University till November 20.
A single bench of Justice Alok Aradhe directed the government to defer the process of appointment of the VC till the next date of hearing after it heard a writ petition by the vice chancellor Kashmir University Prof Khurshid Iqbal Andrabi.
Prof Andrabi approached the court through his counsel Zaffar Shah.
The HC issued notice returnable within four weeks to the state government through commissioner secretary higher education department, chancellor university of Kashmir, pro- chancellor and University of Kashmir.
The petitioner submitted that section 12 5 of Jammu and Kashmir Universities (Amendment ) Act 2015 has been amended and words “three years” has been substituted by the words “five years” and he has a right to continue for a period of five years.
The petitioner seeks directions that it be declared that he, as Vice Chancellor of the University of Kashmir, is entitled to continue and hold office of Vice Chancellor for “five years” having regard to “The Kashmir and Jammu Universities (Amendment) Act, 2015”.
He submitted that the respondents be restrained to give effect to the instructions of the Chancellor dated 08-09-2017 and the same be quashed.
The petitioner states that he is entitled to continue for five years as Vice Chancellor of University of Kashmir by virtue of the amendment carried out in Sub Section (5) of Section 12.
The petitioner pleads that the words “three years” previously appearing in Sub Section (5) of Section 12 have been “substituted” by the words “five years”.
“So far as the tenure of appointment is concerned, the same stands determined by the Statute itself which is the mandate of legislature. Therefore, the appointing authority has no jurisdiction to alter the duration of tenure of the Vice Chancellor,” he pleads.
He further pleads that the reason and cause mentioned in the statement of objects and reasons for carrying out the amendment was that in Universities across the country, generally the duration of the term of Vice Chancellor varies from three to five years.