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| HC directs Board to recommend petitioner’s name for appointment | | | Early Times Reporter
Jammu | Mar 10
Justice YP Nargotra of J&K High Court, Jammu wing, in a petition filed by a physically handicapped person, has directed the Selection Board to recommend the name of petitioner for appointment against the post of Patwari from the date private respondents were recommended or from the date of completion of training by the petitioner.
Parvez Ahmed in his petition filed through Adv Abhinav Sharma submitted that vide the advertisement notice of September 26, 2000 J&K Service Selection Board invited applications for selection of candidates to undergo Patwar Training with the stipulation that the candidates, who will successfully complete the training, will be eligible for appointment as Patwaries/ consolidation patwaries. The petitioner joined the training on the direction of the High Court as the Board had not recommended his name for the appointment.
Justice Nargotra, after hearing both the sides, observed that the SSRB unjustifiably kept the petitioner out of competition. On the interim direction issued by the High Court, the petitioner was admitted in the training institute for undergoing the training. The petitioner after completion of the training becomes eligible for being recommended for appointment by the SSRB. Merely because petitioner has not been selected by the Board for training and had got admitted for training on the order of the High Court, the Board cannot be permitted to urge that the petitioner is not entitled to the benefit of successful completion of training. Since the petitioner was eligible for competing the selection to undergo Patwar Training, which the petitioner had successfully undergone, may be on the intervention of the High Court, petitioner is entitled to the benefit of appointment to the post of Patwari.
While allowing the petition, Justice Nargotra further observed that instead of quashing the selection and consequent appointments, justice can be done to the petitioner by issuing direction to the Selection Board to recommend the name of petitioner for appointment and also issuing direction to the state/competent authority to appoint the petitioner. The appointment of the petitioner shall be with effect from the date he was given the posting order and from the date the private respondents were recommended. With these observations, Court allowed the petition and discharged the rules framed in a contempt petition. JNF |
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