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| SC guidelines ignored in R&B; AE holds Research Officer's post | | | Hyder Ali
Early Times Report
JAMMU, May 12: Undermining the Supreme Court guidelines according tstating no person shall be entitled to hold the post which has to be filled by the recruitment agency, low rung officials have been given vital posts of the Research Officer and Deputy Research Officer of the quality control department.
Sources divulged that in clear violation of rules, such posts have been given to Junior Engineers which otherwise were ought to be filled by the Public Service Commission. "As per the Supreme Court judgement titled SurajPrakash Gupta vs State Government, the court has made it clear that no official can hold any post as Incharge which is to be recruited by the PSC. If any department is undermining such rules, it should rectify at an earliest," a senior official of the Law Department told Early Times.
Meanwhile, according to the official website of the Quality Control Department, www.cediqcjk.nic.in, a person namely AijazMasood is holding a post of Research Officer I/C. The post of the Research Officer has the similar grade as that of the Executive Engineer but ironically an Assistant Engineer has been holding the post since years in the department.
Furthermore, reports inform that last year on July 20, the High Court quashed the appointment of AijazMasood as the Research Officer. 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 AijazMasood 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 AijazMasood 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 AijazMasood. On perusal the record produced on behalf of the PSC indicates that opinion about the eligibility of AijazMasood 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 AijazMasood 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 AijazMasood prior to obtaining Master's Degree could not have been counted towards the three years' 'research experience." it is held further that AijazMasood 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 AijazMasood has questioned the eligibility of the petitioner. With these observations Justice Janak Raj kotwal allowed the petitioner with the direction that selection of AijazMasood 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.
However, despite passing of 10 months since the high court passed its verdict, AjazMasood continues to hold the post of the Research Officer of the department. |
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