news details |
|
|
| High Court allows four petitions | | Selection of Physical Education teachers | | Early Times Report
Jammu, Oct 12(JNF): Division Bench of State High Court comprising Mansoor Ahmed Mir and Justice JP Singh allowed four letter patent appeals filed by J&K Service Selection Board against the judgment of and set-aside the judgment of writ Court.
These four Appeals are filed against a common Judgment dated September 22, 2011 passed by the Writ Court whereby and where-under four Petitions, came to be granted (for short, impugned judgment).
The respondent-Board had issued Notifications dated 28th December, 2006 and 5th October, 2007, whereby applications were invited from the eligible candidates for making selection and appointment against the posts of Physical Education Teacher in different Districts. In the said notifications, the education qualification prescribed was 10+2 with Technical qualification C.P.Ed. Admittedly, the writ petitioners have not applied in pursuance to the said Advertisement Notices, but selection was kept in eclipse and was not taken to its logical end because of inter se communication between the respondent-Board/appellant and the intending department.
In the meantime, respondent-Board also issued one more Notification bearing No. 06 of 2008 dated 28th May, 2008 for filling up the posts of Physical Education Teacher in different Districts and prescribed academic qualification was Matriculation with Technical qualification C.P.Ed. The writ petitioners, at that point of time, had turned overage and, thus, were not in a position to respond, though, it is contended that they approached the respondents, but they have not accepted their applications, which constrained them to file the Writ Petitions.
The Court observed that the core question involved in these Appeals is, as to whether, the writ petitioners are entitled to relaxation as prayed for and be considered for selection/appointments in terms of notification No. 06 of 2008 dated 28th May, 2008. The answer is in negative for the following reasons that admittedly, the writ petitioners were not eligible at the relevant point of time, i.e., on 01.01.2008 and have not prayed for allowing them to participate in the selection process drawn, in terms of notification Nos. 03 of 2006 and 03 of 2007.
They have not also availed opportunity, which was given to them in terms of notification dated 6th February, 2009. It is apt to reproduce relevant portion of the notification dated 6th February, 2009. In the given circumstances, the writ petitioners have not carved out a case for relaxation of upper age limit, the writ petitioners were over aged as on 01.01.2008, cannot seek direction for allowing them to participate in the selection process initiated in terms of notification No. 06 of 2008, at the best, they could have sought direction for allowing them to participate in the selection process initiated in terms of notification nos. 03 of 2006 and 03 of 2007, which they have not prayed for. It is also appropriate to mention here that the writ petitioners have not arrayed all those candidates who stand selected/appointed vide advertisement notification no. 06 of 2008, thus, the writ petitions suffer from non-joinder and mis-joiner of parties. In the given circumstances, Division Bench is of the considered view that the writ Court has fallen in error. Accordingly, impugned Judgment is set aside and the appeals are allowed along with connected CMA(s) and the writ petitions are dismissed. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
