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november 1973

Supreme Court of India · 1973-11-05

UNIVERSITY OF KASHMIR AND OTHERS vs MOHD. YASIN AND OTHERS

Citation / case number
SC 1972/60323
Court
Supreme Court of India
Petitioner
UNIVERSITY OF KASHMIR AND OTHERS
Respondent
MOHD. YASIN AND OTHERS
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court held that under Section 52 of the Jammu and Kashmir University Ordinance, 1969, the services of a lecturer employed on a contract basis automatically terminate after 60 days unless extended by the Chancellor. The Court found that the High Court's reinstatement order was invalid as the respondent had no right to continue in service after the statutory period expired, and the termination was not based on a valid appointment process as required by the Ordinance and the subsequent Act. The Court quashed the High Court's order, affirming that the University Council was the only competent body to appoint professors, and no valid appointment was made in this case.

UNIVERSITY OF KASHMIR AND OTHERS vs MOHD. YASIN AND OTHERS · Niyam