news details |
|
|
| G&B Board transgresses authority, constitutes selection committee to appoint Editor Gojri, JKAACL | | | Jehangir Rashid
Early Times Report
SRINAGAR, Feb 3: The Gujjar and Bakerwal Board was constituted by the state government in order to give fillip to the development of these communities but in a typical case the Board has recommended constitution of a selection committee for the purpose of filling up of a promotional post in Jammu & Kashmir Academy of Art, Culture and Languages (JKAACL).
Javaid Rahi's appointment as Editor Gojri, JKAACL has been made on the recommendation of an illegally constituted selection committee. Under Academy's Constitution (Govt. SRO 340, dated 14th August, 1963) selection committee has to be constituted by the Academy's Executive Board-the Central Committee-which is vested with the power.
In Rahi's case the selection committee was constituted and recommended by an external body viz Gujjar and Bakerwal Board and notified vide letter of the Board bearing number SW/G&B/239/27th/2002 dated 30.01.2002.
Referring to the constitution of selection committee by Gujjar and Bakerwal Board for Rahi's appointment, the report of the Academy sent to the CM office and General Administration Department (GAD) in January, 2014 under individual observations appearing on page 6 states, "The Gujjar and Bakerwal Board decides about filling of the post and nomination of experts for the interview which is unprecedented and unheard of. The Academy is an autonomous institution created under the Constitution of J&K. No outside institution / organization can decide matters with regard to the Academy".
Legal experts say that constitution of selection committee by State Advisory Board for Development of Gujjars and Bakerwals for appointments in JKAACL is unconstitutional and unlawful as appointments made under external influence are not valid as the Board exercised a power which is not vested in it and by acting under the orders of the Board, the JKAACL surrendered its autonomy and acted as subsidiary of an ordinary disbanded body like Gujjar & Bakerwal Board. Rahi applied for the post with testimonials reading as Javed Ahmad.
Strangely, the externally and illegally constituted selection committee also recommended appointment of Javaid Rahi without even having any testimonial showing Javaid Rahi as the candidate.
Rahi who was a prospective candidate for the promotional and un-vacant post of Editor cum Cultural Officer Gojri filed routine caveats in Jammu wing of High Court with prayer for non issuance of stay orders on selection process and interview. During the selection process Rahi filed two caveats on separate dates 25.08.2004 and 28.08.2004.
The filing of caveats by Rahi according to the legal experts with respect to his selection in open competition and his ultimate selection are proof enough of the fact that he had prior knowledge of his appointment. Not only was Rahi allowed to monitor and supervise his own selection he was also illegally conferred the benefit of past service.
The Academy report stated that No Objection Certificate (NOC) was not issued in favour of Rahi for competing as an in-service candidate. But despite this he was given the benefit of past service. "As per recruitment policy, in-service candidates appearing for any post should obtain necessary NOC from the competent authority. The same is not traced in the case of Javaid Rahi," wrote the report.
The real face of Rahi, who is a self appointed activist of tribals, got exposed while he was managing his appointment. Even the National Commission for Scheduled Castes and Scheduled Tribes objected to the manner in which it was being done by JKAACL.
Acting on a complaint of incumbent Editor cum Cultural Officer Gojri, Mohammed Mansha Khaki, the National Commission for Scheduled Castes and Scheduled Tribes wrote to the then Secretary for a review.
"Obviously the present decision to fill the post of Editor cum Cultural Officer, Gojri through Direct Recruitment is to eliminate the chances of promotion from the Assistant Editor. Besides, Direct Recruitment in the single cadre would also bye pass the implementation of rule of reservation which is due to the SC/ST employees in the state government. In view of the above, it is necessary that government may review the instant case keeping in view the credentials of the present applicant (Mansha Khaki) and in light of reservation provision as applicable in the State of Jammu and Kashmir," reads letter of Director NCSC/ST dated 27.05.2003.
Legal experts say that Rahi's appointment falls under the principle of nullity i.e. he is not an official of JKAACL.
It is important to note that Rahi was given 10 marks for the state award despite the fact that he has never won the state award. He was awarded with the best book for his Gojri book Lok Virso in 2001 by the JKAACL.
What acts as an evidence of internal management in this 'illegal' appointment is the fact that the Service Recruitment Rules of JKAACL notified vide Order no. 40 of 1996, dated 20.09.1996 were sidestepped.
As per then prevailing Service Recruitment Rules of JKAACL every fresh appointee had to be put on probation for a period of two years extendable to a maximum period of three years.
Moreover, in terms of J&K Civil Service Classification, Control, and Appeal Rules 1956; which govern service conditions of J&K AACL employees by virtue of Article 29-A of SRO 340, dated 14.08.1963 (Constitution of JKAACL), fresh appointments have to be mandatorily made on probation only and confirmation is subject to successful completion of probation period.
Rule 10 of Service Recruitment Rules of JKAACL (Order no. 40 of 1996, dated 20.09.1996) reads, "10. PROBATION: Persons appointed by direct recruitment or otherwise to any class or category in the service shall be on probation for two years which can be extended by another year, if necessary and their confirmation will be regulated under the provisions of the Jammu and Kashmir Civil Service Classification, Control, and Appeal Rules 1956."
A casual reading of appointment order of Rahi bearing no 108 of 2004 dated 31.12.2004 reveals that he was not put on probation though he was appointed as a direct recruit that too under a self monitored and manipulated selection process. The appointment order also makes it clear that rule 17(d) of CCA Rules was also not applied.
Such was the apparent haste in appointing Rahi that JKAACL did not even allow Rule 17(d) of Civil Service Classification, Control, and Appeal Rules to get in. According to this rule "no person shall be eligible for appointment to any service unless he satisfies the appointing authority that his character and antecedents are such as to qualify him for such service." In Rahi's case these rules were not even invoked. So legal experts contend that he cannot be treated as member of service as he has been appointed in contravention of J&K Civil Service Classification, Control, and Appeal Rules 1956 to which JKAACL Service Recruitment Rules 1996 owe their existence and an illegally constituted selection committee? |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
