Court dismisses KU VC’s extension plea

Rifat Mohidin

Tribune News Service

Srinagar, February 16

The Jammu and Kashmir High Court on Friday dismissed a petition filed by Kashmir University Vice Chancellor Khurshid Iqbal Andrabi seeking five-year term instead of three years in terms of the Amendment Act 2015 where the word three-year term was replaced by five-year term.

While dismissing the arguments of VC Andrabi as without any legal basis, the court today held that the Amendment Act of 2015 could only be said to be prospective in operation without any retroactive effect notwithstanding the fact that the petitioner (Vice Chancellor) was already in service on the date when the amendment came into force.

The judgment was announced by Justice DS Thakur at the Jammu wing of the High Court after he had reserved it in Srinagar on December 1.

“The Amendment Act of 2015 can only be said to be prospective in operation without any retroactive effect notwithstanding the fact that the petitioner was already in service on the date when the amendment came into force,” the court said.

In the present case, the court said, the argument that the VC be given five years term in terms of the 2015 Amendment was without any legal basis and was accordingly rejected.

Andrabi had approached the court through senior advocate Zaffar A Shah pleading that his term as Vice Chancellor was for five years instead of three years that expired last year.

Andrabi was appointed Vice Chancellor of Kashmir University on October 17, 2014, for a period of three years.

However, the government amended the Kashmir and Jammu Universities Act 1969 in 2015 substituting the words “three” by the word “five” for the tenure of the Vice Chancellor for both universities of Jammu and Kashmir.

The petitioner VC had argued in his petition that his term was five years according to the government amendments. However, the government reasoned that the period of five years was intended for VCs who might be appointed after April 20, 2015.

On September 8 last year, the university Chancellor had directed the constitution of a search committee for appointment of the new vice-chancellor of the university.

However, after the petition by the VC, the High Court ordered putting on hold the process of appointment of the new Vice Chancellor.

Andrabi was appointed in 2014 

• The petitioner came to be appointed as the Vice Chancellor of the Kashmir University by virtue of order dated Oct 17, 2014.
• The orders were passed by the Chancellor of the University of Kashmir in terms of the powers vested in him under Section 12 of the Kashmir and Jammu Universities Act, 1969.
• The appointment was for a period of three years with effect from the date the petitioner will take over charge on such terms and conditions which were to be notified separately.