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| DB directs Govt not to finalize selection to post till July 8 | | Secretary JKAACL selection | | Early Times Report
JAMMU, June 6: In a significant order, a Special Division Bench of J&K High Court (Jammu Wing) comprising Justice Tashi Rabstan and Justice Sanjay Kumar Gupta today in the open court directed that the State Government shall not finalize the selection process for the post of Secretary J&K Academy of Art, Culture and Languages till next date of hearing i.e. July, 8, 2019.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Supriya Chouhan and Himani Jamwal appearing for appellant Dr Arvinder Singh Amn Additional Secretary JKAACL, the Division Bench headed by Justice Tashi Rabstan issued notices to the Commissioner/ Secretary to Govt of J&K General Administration Depart-ment (GAD), the President J&K Academy of Art Culture and Languages, Commissioner/ Secretary to Govt. of J&K Department of Culture, Dr. (Prof.) Rattan Lal Shant Chairman of the Search Committee for the post of Secretary JKAACL, Secretary JKAACL and Deputy Secretary to Govt of J&K Department of Culture, returnable within four weeks with a direction to the appellant to take steps for filing requisites within one week.
Earlier, a Single Bench of the J&K High Court vide its Judgment dated May, 28, 2019 had dismissed the writ petition filed by appellant Dr Arvinder Singh Amn and had vacated the interim directions issued on April 5 and had further directed the State Government to finalize the selection process for the post of Secretary JKAACL for which a panel of five persons was prepared by the Search Committee for its onward submission to the President of the Academy (Governor J&K State).
When the Letters Patent Appeal (LPA) filed by Dr Arvinder Singh Amn who is working as Additional Secretary JKAACL for the last more than 10 years against the Judgment of the Single Judge came up for hearing before the Special Division Bench, Advocate SS Ahmed appearing for the appellant vehemently argued that there are no recruitment rules/criteria framed by the President of the Academy in consultation with the State Government for the post of Secretary JKAACL as per the Constitution of the Academy and on the date of the issuance of the advertisement there was no prescribed qualification/ method of recruitment for the post in question and the search committee constituted for the purpose by the State Government had no mandate to frame the criteria for selection. He specifically referred Section 8(a) of the Constitution of the Academy which says that Secretary shall be principal executive officer of the Academy and shall be appointed by the President in consultation with the Government of J&K.
Advocate SS Ahmed specifically invited the attention of the Division Bench towards the office Memorandum dated July 30, 2007 issued by DoPT Govt of India wherein Guideline No.(viii) provides that appropriate Recruitment Rules/ Regulations for the post involved shall be formulated by the Administrative Ministry, wherever the relevant statutes do not incorporate the eligibility conditions. It further says that the norms and criteria for selection, shall, in any case, be finalized by the autonomous Institution, with the concurrence of the Ministry concerned and the same shall be made widely known well in advance of the selection.
Advocate SS Ahmed strenuously argued that admittedly the advertisement notification dated March 1, 2019 was totally silent with regard to the qualification, terms and conditions/criteria and method of recruitment and applications were invited only from the interested persons.
Advocate SS Ahmed further submitted that the writ court fell in error while dismissing the writ petition as it non-suited the appellant primarily on the ground that the appellant had also applied pursuant to the advertisement issued by the State Government. |
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