Early Times Report
srinagar, Oct 17: The state high court has quashed State Legal Services Authority's letter, withdrawing 14 posts of Junior Legal Assistants referred by it to the Service Selection Board for recruitment in 2012.
Disposing of the petition, Justice Ali Mohammad Magrey directed SLSA to issue the orders of appointment of the petitioners (selectees) in terms of the select list forwarded to it by the SSB last year.
However, it said that the prayer of the petitioners to direct their appointment from a retrospective date was declined for it was not justified on any count.
In view of the direction, the other prayer was made that SLSA be directed not to re-advertise the posts in question. The SLSA, through its Additional Secretary, had sent a requisition of direct recruitment of the posts to the SSB secretary on July 27, 2012.
Acting on it, the SSB issued an advertisement on December 28, 2012, and conducted the written test in August 2014. However, on November 18, 2014, SLSA issued notification, ordering deletion of clause (6) of Regulation 29.
While SLSA has own recruitment board, the clause (6) of the regulation provided that the posts in the service which are to be filled up by direct recruitment shall be referred to SSB for selection.
Subsequent to the issuance of notification on November 18, 2014, the SLSA through its Administrative Officer on November 27, 2014 to the SSB intimated decision to withdraw the posts from SSB so that the same were referred to the SLSA's Recruitment Board.
In response, the SSB on December 10, 2014 wrote back that the posts had been advertised on December 28, 2012 and the written examination had been conducted on August 23, 2014, results whereof had already been published. Referring to a circular issued by GAD (No 22-GAD of 1999) on September 22, 1999, the SSB said that the withdrawal of the posts at that stage was not possible.
The SLSA wrote another letter on January 15, 2015 to the SSB, reiterating that it had its own recruitment board and that the SSB had not been able to complete the selection process even after a lapse of more than two years.
On February 11, 2015, SSB again wrote to SLSA that since it had already completed the selection process for the posts, it was neither appropriate nor possible to withdraw the posts.
The SSB meanwhile completed the selection process, drew up the merit list and sent the same to the Secretary to Government, Law, Justice and Parliamentary Affairs who, in turn, forwarded it to the SLSA Member Secretary.
On receipt of the select list, the SLSA Member Secretary addressed communication No SLSA/Estt/ RB/08/2015/1476-79 on April 21, 2016 to the SSB chairman, informing him "that the said list stands cancelled".
The five aggrieved candidates moved court, contending that the SSB having advertised the posts referred to it by the SLSA and they having responded, a right accrued to them to participate in the selection process and be considered for selection.
They said that any amendment in the Service Rules or Regulations governing recruitment would not operate retrospectively. Even if Clause (6) of Regulation 29 of the 1998 Regulations was deleted, its effect would have application prospectively and would not impact the selection process initiated pursuant to the advertisement notice, they added. |
