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| DB modifies order of stay on selection/appointment of 29 AEs | | | Early Times Report
Jammu, June 7: In two LPAs filed against the order of Writ Court whereby it stayed the selection/ appointment of 29 AEs (electrical), a Division Bench of State High Court Comprising Justice Tashi Rabstan and Justice Sanjay Gupta after hearing Sr. Adv KS Johal with Adv Karan Singh Johal and Sr. Adv DC Raina with Adv FA Natnoo for the appeallants, modified the interim order to the extent that appointment of last seven appointees/candidates selected under open merit category shall remain stayed. However, appointment of rest of the appointees/candidates shall remain subject to outcome of the writ petition.
Division Bench observed that that the Power Development Department (PDD) vide communication dated 09.07.2013 had referred 44 posts of Assistant Engineers (Electric) to the Public Service Commission which in turn vide Advertisement Notification No.15-PSC (DR-P) of 2013 dated 12.08.2013 notified the said posts.
It is contended that against 44 posts referred to hereinabove, 2814 applications were received by the PSC. On the basis of a Computer Based Screening Test conducted on 30.11.2017, at two notified Centers viz. Jammu and Srinagar, 136 applicants- candidates were declared to have qualified in the ratio of 1:3 after application of the rule and called for oral test/Interview.
DB further observed that Writ petitioners-respondents herein filed writ petition challenging the selection and appointment conducted by the Public Service Commission (PSC) inter alia on the ground that the candidates were selected on the basis of a non-uniform criteria, inasmuch as, various candidates were interviewed by different Selection Committees constituting of different expert members.
DB after hearing both the sides observed that it may be noticed that order passed by the Single judge was an interim measure and selection and appointment of private respondents was stayed subject to objections and till next date of hearing only. Keeping in view the facts and circumstances of the case that the appellants have already been appointed and writ petitioners-respondents herein are only seven in numbers, stalling whole selection process against the post of Assistant Engineer (Electrical) would not be appropriate at this stage.
Thus, without entering into the merit of the case, we are inclined to modify the interim order passed by the writ Court to the extent that appointment of last seven appointees/candidates selected under open merit category shall remain stayed.
However, appointment of rest of the appointees/ candidates shall remain subject to outcome of the writ petition. |
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