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| Mufti govt plays safe, withdraws Omar cabinet's Oct order | | Constitutional validity of NC-Cong govt order on PSC recommendations | | Early Times Report
JAMMU, Apr 22: In a move that can put at rest the controversy over recommendations made by previous government led by Omar Abdullah for appointment of Chairman and members for Public Service Commission in October last year, the PDP-BJP government has withdrawn the cabinet order in which these recommendations were made by then NC-Congress coalition. This move will pave way for the present government to make its own recommendations afresh for appointments in the highest recruiting body before its proposal gets approval by the Governor.
Sources said that Mufti led government took a decision to withdraw the cabinet order of Omar government in its cabinet meeting held last Sunday , April 19 in the wake of the controversy that has arisen after its proposal made with regard to fresh recommendations of names was challenged through a petition filed in the High Court . The petition has been filed by Mukerjeet Sharma, Wali Mohammed Bhat, Dr Tejit Singh and Baldev Raj Lachotra,( all of whom were recommended as members of PSC) which has challenged the decision of Mufti Mohammed sayeed's cabinet taken on March 15 in which the latter named AS Deva as Chairman besides five other members.
Through this petition, the petitioners have contended that the present coalition government cannot brush aside or ignore the cabinet decision of Omar Abdullah government regarding appointment of PSC chairman and its members. Senior IAS officer Khurshid Ahmad Ganai's name was recommended by Omar government as Chairman in the October cabinet order. Pertinently, when this proposal was sent to Governor NN Vohra, he had raised some queries with regard to credentials of some names which were not answered by the then government as a result of which delay was caused in making appointments.
However, in the legal and constitutional debate , this is being contended by some quarters that Governor is under an obligation to act on the advice of the Council of ministers, implying that the names by previous NC-Congress government should have been approved. It is also being argued that it is incumbent upon the new government not to ignore the previous cabinet, no matter the Governor has not yet given nod to it. Now, in the wake of these questions, what can be seen as a safe move played by the Mufti led government, it decided to withdraw the cabinet decision taken on October 10, 2014, a step which will pave way for making its own recommendations for the PSC. More importantly, even as the new government in its cabinet meeting on March 15 has made a proposal of new recommendations, this has not been yet conveyed to Governor for certain reservations, sources said adding that for now the new list also stands withheld by the government. |
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