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| Search committee illegal, unconstitutional; recommendatory selection not allowed | | Appointment of Secretary JKAACL | | Syed Junaid Hashmi
Early Times Report
JAMMU, Dec 14: Search committee which recommended controversial ex-Director Radio Kashmir Basheer Arif for appointment as Secretary of Jammu and Kashmir Academy of Art, Culture and Languages (JKAACL) had been constituted illegally and in complete violation of the set norms.
Neither the constitution of the academy nor the rules allow for creation of a search committee for the appointment of Secretary. According to the Constitution of Jammu and Kashmir Academy of Art, Culture And Languages (JKAACL) issued vide SRO 340 Dated August 14, 1963 and subsequent incorporations and amendments which were carried out ending May, 1979; Chief Minister as President of the Academy has powers to appoint Secretary to the Cultural Academy in consultation with the government of Jammu and Kashmir.
By virtue of this provision, Chief Minister has to consult himself for appointment of the Secretary since he is both President as well as head of the state government. The provision does permit the president to constitute search committee since it clearly states that President in consultation with the state government shall appoint secretary to the Cultural Academy. There is not even mention of Chief Minister having the powers to constitute a search committee.
He has been allowed to appoint whomsoever he deems fit for appointment as Secretary of the JKAACL without consulting any other stakeholder. The constitution does say that President should exercise all the powers of the appointing authority in respect of the Secretary and the Financial Adviser but even in this provision, Chief Minister has not been allowed to constitute a search committee for the appointment of the Secretary. The provision leaves no scope for constituting a committee of eminent people.
JKAACL constitution does not allow the President i.e. Chief Minister to seek recommendations from any panel constituted illegally for the appointment of Secretary. It allows him to use his wisdom and if required consult officials in his office and in other offices of the state government for advice if any required for the appointment of Secretary but does not leave any scope for constituting a search committee. Chief Minister Omar Abdullah constituted a four member committee.
Though illegal, the committee was headed by Prof. Rehman Rahi and included Prof.N.D.Sharma, Secretary GAD M.A.Bukhari and Secretary Culture Shaliender Kumar. This committee which had no mandate to exist as per constitution handed out a five member panel of eligible candidates to the President of the Academy. These include ex-Director Radio Kashmir Basheer Arif, Retired History Professor Farooq Fayaz, Assistant Professor in Kashmir University Aziz Hajni, Television producer Ayash Arif and O.P.Vidhyarthi.
Arif had been placed at serial no 1 by the Rahi committee and was slated to be appointed as Secretary to the Academy. Sources said that Rahi's close proximity with Basheer Arif was sole reason of him being kept at serial no.1 despite not having contributed anything significant to the promotion and propagation of art, culture and language in Jammu and Kashmir. He had at some point of time in his career, according to people in Radio Kashmir helped Prof. Rehman Rahi.
Sources assert that Rahi by recommending name of Basheer Arif intended to return the debt. Apart from Arif, insiders maintain that the other names recommended by the illegally constituted search committee also have not contributed anything significant for the promotion and propagation of art, culture and languages. They further said that government would have gone ahead and appointed Arif as the Secretary of the JKAACL but for the banner of revolt raised by those working in various capacities in the cultural academy, state government desisted from making a move.
Sources said that a delegation of Academy employees met Principal Secretary to Chief Minister Bharat Bhushan Vyas and pleaded with him not to appoint any outsider as Secretary of the Academy besides informing him that the search committee constituted for finding suitable persons is unconstitutional. Vyas heard them and if the sources are to be believed apprised the Chief Minister about the resentment of the academy employees.
Following this, Model Code of Conduct (MCC) was imposed in the state and the process stopped then and there. But it needs to be mentioned here that Academy people are still up in arms against the appointment of outsiders in the Academy. They maintain that only insiders know the job well and if the government seriously wants to make academy a vibrant institution, they should appoint people from within the academy. "How can the state government constitute a search committee and accept its recommendations when the same is not mandated by the constitution. We would approach court of law against this government decision," said a senior JKAACL employee. |
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