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| HC stays appointment of 32 Assistant Engineers | | | Jammu, March 05
Justice Hakim Imtiyaz Hussain of J &K High Court Jammu wing has directed respondents not to issue the appointment orders of the candidates selected for the post of Assistant Engineer, Mechanical.
This significant order has been passed in a writ petition filed by Sukhvinder Singh Randhawa and 16 others challenging the selection of 32 Assistant Engineers Mechanical. Justice Hakim Imtiyaz Hussain, after hearing Senior Advocate SS Lehar with Advocates Ajay Sharma and Nitin Bhasin appearing for the petitioners, issued notice to state of J&K through Commissioner- Secretary PWD, Chairman and Secretary J&K Public Service Commission and 32 selected candidates for the post of Assistant Engineer Mechanical returnable within two weeks for filling objections. In the meanwhile, respondents are directed not to issue the appointment orders of the selected candidates mentioned in the final select list till further orders, the Court ordered.
In the writ petition it has been mentioned that Secretary Public Service Commission vide notification 12 dated September 20, 2005 invited applications for the posts of Assistant Engineers (civil, electrical and mechanical) in the Public Works Department. In this notification 33 posts of Assistant Engineers Mechanical were advertised. The petitioners possessing the BE degree in mechanical engineering with high percentage of marks and also the requisite experience applied for the post of Assistant Engineer (Mechanical) in response to the notification. The Public Service Commission conducted screening tests of the candidates for the post of AE Mechanical which was held on July 30, 2006. On August 2, 2006 PSC declared the result of screening test for the post of AE (Mechanical). The Secretary PSC issued another notice on January 17, 2007 whereby the candidates were short listed for the interview in the ration 1:3 for the post. It was further mentioned in the notice that the short listed candidates will be interviewed from January 29 to January 31, 2007 at Jammu and from February 2 to February 3, 2007 at Srinagar.
It was alleged in the petition that some of the selected candidates who obtained 69 marks in the screening tests, against the cut off merit of 70 marks for the open category, have been shown selected as AE (Mechanical) in the select list. This shows that the respondent/PSC violated its own short listing for interview and accommodated the respondents, who obtained 69 marks against 70 marks. The petitioners challenge the selection of these 32 selected AEs on the ground that selection of these private respondents is illegal, arbitrary and against law, hence deserves to be quashed that the selection is without any basis because the candidates who do not figure in the short-list have been selected thus making the whole selection illegal. The petitioners prayed before the Court for quashing the selection of 32 AE (mechanical) and also direction to the respondents to select and appoint the petitioners to the post of Assistant Engineer (mechanical) in the pay-scale Rs 8000-12950/-. Court after hearing the counsels appearing for the petitioner stayed the appointments of AE (mechanical).
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