The CHANCELLOR, MIRPUR UNIVERSITY OF SCIENCE AND TECHNOLOGY/PRESIDENT AZAD GOVERNMENT OF THE STATE OF JAMMU AN

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The CHANCELLOR, MIRPUR UNIVERSITY OF SCIENCE AND TECHNOLOGY/PRESIDENT AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR VS Dr. IQRAR AHMED KHAN S.11---Vice-Chancellor, appointment of---Search Committee recommended five candidates for consideration as Vice-Chancellor to the Senate of the University, which recommended three candidates for consideration to the Chancellor---Petitioner was appointed as Vice Chancellor of the University for three years but he could not assume the charge within specified time and sought extension for joining but his request was declined---Chancellor of the University appointed another candidate without advice of Chief Executive from the names of panel submitted by the Senate of the University---Petitioner filed writ petition wherein appointment of respondent was challenged---High Court accepted writ petition filed on behalf of petitioner and his appointment order was restored and that of respondent was set aside---Validity---Petitioner was already in service and he was not serious in assuming the charge of Vice Chancellor---Chancellor was not bound to allow the petitioner further time for joining the position of Vice Chancellor---Petitioner was not entitled for any discretionary relief due to his conduct---Selection of petitioner was not complete due to his non-joining and same had been rescinded by the Chancellor---No vested right had accrued in favour of petitioner, in circumstances---Department had neither placed any summary before the Chief Executive nor he had tendered advice for appointment of respondent as Vice Chancellor---Appointment of respondent as Vice Chancellor without the advice of Chief Executive was illegal---President had to act on the advice of the Chief Executive in performance of his functions---Chancellor had not removed the Vice-Chancellor as process for appointment had not been completed---Chancellor had rightly exercised inherent powers to revoke the appointment of petitioner, in circumstances---Petitioner was not entitled to the discretionary relief under extraordinary jurisdiction of High Court---Even respondent was not entitled to any relief as his appointment had been made without following the due process of law---Competent authority was directed to initiate fresh process of appointment of Vice-Chancellor of the University in accordance with law---Appeal was accepted, accordingly.

The CHANCELLOR, MIRPUR UNIVERSITY OF SCIENCE AND TECHNOLOGY/PRESIDENT AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR vs Dr — 2021 PLC(CS)N 3 SUPREME-COURT-AZAD-KASHMIR

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