MOHAMMAD JUNAID KHAN vs AZAD JAMMU AND KASHMIR UNIVERSITY arts — 2022 PLC(CS) 1146 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PLC(CS) 1146 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: PLC
Parties: MOHAMMAD JUNAID KHAN vs AZAD JAMMU AND KASHMIR UNIVERSITY arts
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MOHAMMAD JUNAID KHAN VS AZAD JAMMU AND KASHMIR UNIVERSITY arts.44, 15 & 17---Writ petition---Equality of citizens---Safeguard against discrimination in service---Maintainability---Violation of fundamental rights---Scope---Petitioner sought issuance of promotion order against the vacant post of Junior Clerk in the light of fitness/typing test---Validity---Merit list of fitness/typing test issued by the University revealed that the petitioner was placed at Serial No. 1 whose gross speed of typing was 42 wpm (words per minute) and net speed was 39 wpm, however, was declared to have failed in securing appointment as Junior Clerk---Some employees were promoted as Senior Clerks with gross typing speed of 17 wpm and even less---Claim of petitioner having been discriminated was proved from the record---Contention of the University that the petitioner had an alternate remedy to file appeal before Syndicate, therefore, he could not file a writ petition was repelled by the High Court for the reasons that the petitioner had filed an application before the competent authority for redressal of his grievance but the University had not considered the same and that constitutional jurisdiction of High Court could be invoked where fundamental right of petitioner was violated---Constitutional petition was accepted.

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