Early Times Report
SRINAGAR, Dec 27: Jammu and Kashmir High Court on Thursday issued a notice to government on a petition, seeking scrapping of the recent order on Jammu and Kashmir Public Service Commission.
A division bench headed by Chief Justice Gita Mittal and Justice Sindhu Sharma issued the notice on a petition, seeking directions to declare order of GAD as unconstitutional and ultra vires to J&K Reorganization Act 2019.
The petitioner submitted that Reorganization Act 2019 covered the PSC in the UT.
As per Act's section 93, the petitioner said, the PSC for the existing state of J&K was declared to be PSC for the UT of J&K.
The petitioner submits that the Act clearly protects the existing PSC which include its chairman and members.
The PSC for existing J&K shall and from the appointed date (31-10-2019) be the PSC for UT.
The persons appointed date as a chairman or the other members of the PSC for existing state shall be the chairman or as the case may be as members of UT, the petitioner said.
"This provision as contained in section 93 leaves no room for any exercise to do away with the existing PSC which includes its chairman and members and does not postdate any exercise to be undertaken for the reconstitution of the PSC," the petitioner said.
As per the J&K Reorganization Act 2019, the JKPSC will continue to be recruiting agency for various posts in J&K UT while recruitments in Ladakh would be done by the Union Public Service Commission. However, the Centre, on November 14, ordered a fresh exercise to reconstitute various commissions/authorities. The order, however, said the JKPSC would continue to function as per the J&K Reorganization Act. |
