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| Selection of police photographers challenged in High Court | | | early times report
Jammu, Feb 16 (JNF): In a bunch of petitions challenging the selection of constables (photography) in J&K Police the High Court has directed that the selection/ appointment of respondents shall remain subject to outcome of writ petition. However, the HC refused to give stay order on the petitions.
The petitioners had challenged the order on the ground that the district wise selection was made wrongly as the posts were meant to be filled up as State cadre posts.
Official respondents resisted the petition on the ground that district wise selection was to be made as per the seats allocated in terms of mandate of J&K Police Manual.
Further it was contended that respondents have not stated in the Advertise-ment Notice that selection is to be made on State Cadre basis and merit list is to be prepared accordingly. It was contended that selection/appointment has been made against the post of constable in various organizations on district cadre basis after allocation of seats even though only one advertisement notice was issued to this effect.
Justice Mansoor Ahmed Mir of the HC after hearing lawyers observed that petitioners have undergone selection process and have failed to make the grade. "They, perhaps, would not have questioned the selection had they succeeded. The selected candidates at this stage have definitely earned some right. If selection is stayed the State respondents have to suffer because they, in such eventuality, will not be in a position to fill up the posts more so in view of the prevailing situation in the J&K State," he observed.
"Besides it will not create any right in favour of writ petitioners. This court has to take into consideration the injury that either of the side would suffer from in case the writ petition succeeds or fails. To elaborate it a little further, it may be stated that in case the selection is stayed and if ultimately writ petition is dismissed the selected candidates/ private respondents will surely suffer and will be deprived of the usufruct of their selection. While as if writ petition at the end of the day succeeds the selection/ appointment at the best can be quashed and State respondents can be directed to make selection while preparing merit list on State Cadre basis and it is also possible that some petitioners may make their entry," it added.
Justice Mir observed that deem it proper to dispose of all the CMAs by providing that selection/appointment of private respondents shall remain subject to outcome of writ petition.
"The writ petition shall come up for consideration on 18th March, 2013. Meanwhile, appearing respondents to file reply, in default right to file the same shall be deemed to have been closed," he ordered. |
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