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| Court quashes appointment of Research Officer PWD | | | Early Times Report
Jammu, July 20: In a landmark judgment, J&K High Court Jammu Wing quashed the appointment of Ajiaz Masod who was appointed as 'Research Officer' in Public Works Department.
Justice Janak Raj Kotwal of J&K High Court after hearing Adv SK Shukla appearing for the petitioner observed that benefit of four years' 'research experience', said to have been gained by Aijaz Masood while working in the National Institute of Technology, Srinagar, prior to obtaining the Master's Degree, cannot be counted against the 'research experience' as contemplated under the first category of eligibility clause under the Rules. He also submitted that these four years are to be excluded and in that the experience of five years and four months as calculated by the PSE is reduced far below the requisite experience of three years and therefore, the Aijaz Masood cannot be held possessing requisite 'research experience' to fulfil the eligibility criteria.
High Court observed that the PSC does not seem to have shown sufficient seriousness while determining the eligibility of Aijaz Masood. On perusal the record produced on behalf of the PSC indicates that opinion about the eligibility of Aijaz Masood and ineligibility of ten candidates including the petitioner was formed at a different level before submitting the file to 'Eligibility Committee particularly in respect of experience' 'for considered advice & determination of eligibility' and this was done on April, 4th and 5th, 2010. On 6th April, 2010, one-line opinion seemingly by the Eligibility Committee was recorded in terms that 'only S No. 6 is eligible'. This seems to have been followed in succession by the notice calling Aijaz Masood for interview to be held on 18.05.2010, representation of the petitioner and a decision about sufficiency of petitioner's 'research experience' and calling him for interview too.
Court also observed that having found that the experience said to have been gained by the Aijaz Masood prior to obtaining Master's Degree could not have been counted towards the three years' 'research experience." it is held further that Aijaz Masood was not eligible for selection and appointment as Research Officer pursuant to vacancy Notification No. 9-PSC (supra) so his selection cannot sustain and it is noticed that Aijaz Masood has questioned the eligibility of the petitioner. With these observations Justice Janak Raj kotwal allowed the petitioner with the direction that selection of Aijaz Masood for the post of 'Research Officer' in terms of Select List dated 19.05.2010 issued pursuant to Vacancy Notification No. 9-PSC of 2009 dated 17.03.2009 is quashed and also directed PSC to declare the petitioner as selected candidate.
According to the petition that the post of 'Research Officer' is borne on the cadres of the Jammu and Kashmir Engineering (Gazetted) Service governed by the Jammu and Kashmir Engineering (Gazetted) Service Recruitment Rules, 1978 (for short the Rules) and Rules as per Rule 5 read with the Schedule prescribe the qualification and method of recruitment of the members of the Service. Recruitment to the post of Research Officer is provided by direct recruitment and by promotion on 50:50 bases. (JNF).
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