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| HC dismisses petition challenging promotion of MVI (survey) | | | Early Times Reporter
Jammu | Mar 27
Justice YP Nargotra of J&K High Court of Jammu Wing, in a petition challenging the promotion on the post of Motor Vehicle Inspector Survey from ministerial cadre, referred the judgment already passed by this Court that the order of promotion cannot be quashed because unless it is against the recruitment rules.
Petitioner Gurmeet Singh, aspirant for the post of Motor Vehicle Inspector challenged the promotion of the private respondents on the ground that in terms of J&K Transport Controllers (Subordinates) Service Recruitment Rules, the post of Motor Vehicle Inspector can only be filled-up by the direct recruitment and not by promotion. Petitioner seeks the ouster of the private respondents as according to him they had not possessed the eligibility qualification prescribed for the post so are usurpers of public office. According to the petitioner the qualification for the post of MVI is Diploma in Automobile Engineer, which the private respondents did not possess.
According to the respondents that the process for finalization of recruitment rules of Motor Vehicle Inspector (Survey) has already been initiated which is quite evident from the communication of Joint Transport Commissioner to Commissioner/ Secretary Transport Dept vide dated March 8, 2005 in which it has been submitted that the promotion chances of head assistant, senior assistant and MVTA are very bleak and time has come to create new posts in higher pay-scale by reducing the existing strength to the lesser extent to provide promotional avenues at lesser financial cost. Moreover, the post of the rank of MVTA needs to be re-designated as Assistant Motor-Vehicle Inspector. The draft schedule to the eligibility qualification prescribed for the post of MVI (Survey) is Graduate with diploma in automobile engineering. The mode of recruitment prescribed is 50% by direct recruitment and 50% by promotion from class-II category 'A' or class-III category 'A" having at least five years service in that particular class and does possess sufficient knowledge of Motor Vehicle/Rules and J&K Motor Vehicle Rules.
Justice YP Nargotra after hearing Adv Vikram Sharma appearing for the petitioner, AAG Seema Shekhar appearing for the State, Sr. Adv DC Raina with Adv Vikram Singh for the private respondents and referred various judgments of identical cases observed that in the said petitions, the petitioners had also sought the quashment of the promotions of the private respondents on the ground that they were usurpers of the public office. That contention was also repelled by this Court and was held that "the other aspects of the case that the petitioners are not in service candidates; they have no right to compete with the private respondents. The order of promotion cannot be quashed because unless it is against the recruitment rules and they cannot be held to be usurper of the public post." By quoting this judgment court dismissed the writ petition as no merit. JNF |
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