Srinagar: The J&K High Court on Thursday reserved its judgement order with respect to Kashmir University Vice-Chancellor Prof Khurshid Iqbal Andrabi who is seeking extension of his tenure in view of amendment to Universities Act.
Prof Andrabi had filed a petition through his counsel Zaffar Shah seeking benefits under amendments made to Jammu and Kashmir Universities Act, in 2015, which extended the duration of VC term from three to five years.
Andrabi was appointed as vice chancellor on 17 October 2014 for a three-year term ending on 17 October 2017.
Advocate General Jahangir Iqbal told the court that Andrabi was not eligible for the extension, as he hass been “appointed on fixed term for three years and his tenure already stands over”.
Andrabi’s counsel Zaffar Shah argued that his client was entitled to continue as the amendment was carried out while he was holding the office.
“In 2015, the Jammu and Kashmir Universities (amendment) act 2015 came into force while he was still holding office so he is liable to get benefits,” Shah said.
On Sept 8 the KU chancellor directed constitution of search committee to review candidates for the post of new VC.
But Prof Andrabi contested that he was entitled to continue as vice chancellor for five years in view of the amendment carried out in sub section (5) of section 12.
The amendment was made with the broader consensus among academicians that many programmes, policies do not become implemented within the short period of three years.
Commissioner Secretary, higher education department has told the court that the tenure of VC has already lapsed on Oct 17, 2017.
“The order of appointment has fixed the tenure of three years for VC. The appointment of the petitioner shall be covered by the provision of the unamended Section 12 of the Kashmir and Jammu universities Act 1969 which was in vogue on the date of appointment. Any amendment in law or condition of service, unless expressly or necessary implications made applicable with retrospective effect shall prospectively to future vacancies,” the response submitted by Commissioner Secretary told the court.