| Justice seeks compliance, not evasion: HC to JKSSB | | |
Early Times Report
JAMMU, Aug 6: Emphasising the need for faithful execution of judicial orders, the High Court of Jammu & Kashmir and Ladakh dismissed a writ petition filed by the Jammu and Kashmir Services Selection Board (JKSSB), observing that the Central Administrative Tribunal (CAT) had not overstepped its jurisdiction in seeking clarification on implementation of its earlier ruling.
The matter pertains to a contempt petition before the Tribunal, where it had asked JKSSB to file a supplementary affidavit clarifying whether any candidate with an ITI Diploma in Building Construction from Kissan Institute of Technology, R.S. Pura, obtained on or before the academic session 2010, had been appointed in service.
Representing JKSSB, Raman Sharma, Additional Advocate General, contended that the Tribunal's order dated October 19, 2024, went beyond the scope of its original judgment delivered on September 21, 2023, and amounted to a fresh fact-finding exercise.
However, the Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the Tribunal's direction was a legitimate step to verify compliance with its previous judgment and did not constitute judicial overreach. "We fail to understand how this direction for better compliance... could be found fault with," the Bench observed, adding that the Tribunal had embarked on a limited inquiry only to ensure effective implementation.
The original Tribunal order had quashed the rejection of the respondent's candidature and directed that his case be considered on the principle of parity, provided similarly placed candidates had been selected by JKSSB. Appearing for the respondent, Sumit Moza, Advocate, submitted that several candidates with similar qualifications had already been appointed, and that the refusal to consider his client was discriminatory.
Finding no merit in the JKSSB's petition, the Division Bench dismissed it, along with connected applications, affirming that justice demands compliance, not evasion.
(JNF) |
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