The High Court dismissed a plea against appointment of Kashmir and Jammu University Vice Chancellors.
A division bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar dismissed the petition while observing that the plea was raised on “extremely vague grounds without factual basis”.
It (the writ petition) also does not complain of any violation of any statutory provisions. The writ petition has been styled as Public Interest Litigation,” the court said and imposed a fine of Rs10,000 on the petitioner. “It is trite,” the court said, “that no Public Interest Litigation is maintainable in service matters except by way of writ of quo-warranto for which the appointment has to be shown contrary to the statutory provisions”.
Citing the Supreme Court decisions, the bench pointed out that the apex court has held that in absence of violation of statutory rules, the court cannot go into suitability or otherwise of the candidates as the same is the prerogative of the executive.
The court in keeping with the law laid down by the SC in service matters, said the instant writ petition was misconceived and misdirected.
The dismissal came after advocate Aman Hussain on behalf of the state government and advocate Tasaduq Khawaja on behalf of the Kashmir University pleaded that the writ petition was not maintainable.