SRINAGAR Anyone holding any post on academic arrangement has no indefeasible right to continue beyond the period specified for such arrangement, the Jammu and Kashmir High court has held.
The petitioner Feroz Ahmad Mirhad called in question the validity of February 18 order by virtue of which his engagement on academic arrangement basis was terminated by Principal Medical College Srinagar from the date of his absence from duties.
After hearing the counsel for the parties and perusing the documents on record, a bench of Justice Ali Mohammad Magrey observed: It is well settled position of law that while holding any post on academic arrangement, no indefeasible right vests with that individual holding such a post for claiming protection under Article 311 of the Constitution of India and Article 126 of the Constitution of State of Jammu and Kashmir.
Likewise, the court said, as is the case herein this petition, no right of the petitioner could be said to have been violated by the respondents while issuing the impugned order.
It is the conduct of the petitioner, coupled with the nature of engagement of the petitioner that has resulted in the issuance of the impugned order.
The petitioner was appointed as Laboratory Assistant on academic arrangement 20 July last year for a period of one year or till such time the post held by him is filled by the competent authority, whichever is earlier. The duration of such appointment of the petitioner was one year and during this year the petitioner had absented himself from duty, resulting in the issuance of the order by the Principal GMC.
Be that as it may, the various Courts of the country, including Honble the Supreme Court, have, time and again, taken the view that an individual holding any post on academic arrangement has no right to continue beyond the period specified for such arrangement and that these posts have to be, necessarily, filled up on year to year basis through regular mode.
The court also referred to judgment by its division bench in Rajani Kumari and others v. State and others, announced by the court in 2017: It is a separate and an independent method or manner by which appointment is made in a Government Department. Government in its wisdom has excluded the category of appointment made on academic arrangement basis for fixed term. The petitioners have no locus to challenge the wisdom of the Government in enacting such a provision.