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| Finalise selection for JKAACL secy post: HC to Govt | | Writ dismissed | |
Early Times Report
Jammu, May 28: The J&K High Court on Tuesday dismissed a writ petition challenging the advertisement and selection process for the post of Secretary, Jammu Kashmir Academy of Art, Culture and Languages (JKAACL) and allowed the government to proceed with the selection process. After hearing Advocate appearing for the petitioner, Dr. Arvinder Singh Amn, Additional Secretary, JKAACL, and Senior AAG H.A. Siddiqui, Advocate Bhanu Jasrotia for the state/JKAACL, Justice Dhiraj Singh Thakur upheld the selection process and vacated the interim directions issued by the court on April, thus paving way for the finalization of the selection process as the Search Committee constituted by the government had prepared a panel of five persons for its onward submission to the President of the Academy, that is, Governor of the state.
The court was informed by Senior AAG H.A. Siddiqui that this criteria was framed by the Search Committee after the issuance of interim directions by the court on April, 5, 2019 when the court permitted the government to go ahead with the selection process but with a rider that it shall not finalize the same till further orders from the court. The court had further directed that it would be appropriate if this court is taken into confidence about the criteria to be adopted for making selection.
Advocate argued that the whole selection process is void ab-initio as the initial advertisement dated March, 1, 2019 was issued by the Department of Culture, Government of J&K without prescribing/ laying down any qualification/ terms and conditions/ criteria for the post of Secretary, JKAACL. Advocate Ahmed further submitted that it is a settled law that before the issuance of advertisement or at the time of the commencement of the selection process the employer must disclose the qualification/ method of recruitment for the post in question.
On the other hand, Senior AAG H.A. Siddiqui while rebutting the submissions of Advocate Ahmed submitted that the petitioner has himself submitted his application for the post in question and his name does not figure amongst the shortlisted five candidates and the petitioner cannot take summersault and question the selection process when he has subjected himself to the same advertisement in which according to him no qualification was disclosed. |
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