SRINAGAR, OCT 12: While answering the “significant question of law of seminal importance and relating to financial autonomy of the University of Kashmir”, the High Court of J&K and Ladakh on Thursday ruled that there was no illegality on part of the Kashmir University in referring the matter regarding regularization of 84 casual and contractual employees again to the Chancellor for his consideration.
Allowing a university’s appeal against its single bench order, a division bench of Chief N. Kotiswar Singh and Justice Moksha Khajuria Kazmi however, expressed hope that the Chancellor would endorse the decision of the University for regularization of the 84 casual/contract/consolidated pay employees and the Administration would render financial assistance for the same.
“…we are of the view that there is no illegality in referring the matter again to the Chancellor for his consideration as sought to be done by the University authorities,” the court said, adding, “However, we hope and trust that in view of the earlier exercises undertaken as many as three times for regularization, the Chancellor would endorse the decision of the University for regularization of the 84 casual/contract/consolidated pay employees and the Administration would render financial assistance for the same.”
If the Chancellor endorses the decision of the University, the court said, these employees would be entitled to be regularised as directed by the Single Judge.
The authorities of the University of Kashmir had challenged the Single Bench’s direction primarily on the grounds such a direction cannot be carried out without the approval of the Administration, being the ultimate custodian of the finance of the Union Territory because of which the matter was proposed to be referred again to the Chancellor, who is none other than the Lt. Governor of the UT of Jammu and Kashmir. It submitted that the University was dependent upon financial support from the State (UT) and hence, unless the varsity has the approval of the Administration, the proposed regularization of the casual/contract/consolidated pay employees cannot be implemented.
