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| CAT upholds Decentralization & Recruitment Act, 2010 | | |
Early Times Report
JAMMU, Sept 9: A bench of Central Administrative Tribunal (CAT) upheld Decentralization & Recruitment Act, 2010. This significant judgment has been passed in a petition filed by seeking declaring sub-section (2) of Section 10 of the Jammu and Kashmir, Civil Services Decentralization & Recruitment Act, 2010 along with Rule 19 of the Jammu and Kashmir Civil Services Decentralization & Recruitment Rules, 2010 promulgated vide notification SRO 375 of 2010 dated 21.10.2010 as ultra-virus the Constitution of India, Constitution of J&K, discriminatory and contrary to the spirit of J&K Revenue (Subordinate) Service Recruitment Rules, 2009 and J&K Civil Services (Classification, Control and Appeal) Rules, 1956 and also seeking direction the respondents to hold DPC for promotion to the available posts of Girdawars (Divisional Cadre) after picking up the senior Patwaris including the petitioners out of the final seniority list of Patwaris District Cadre Kathua dated 21.07.2016 strictly in accordance with the J&K Revenue (Subordinate) Service Recruitment Rules, 2009 without following the spirit of section 10 (2) of the Civil Services Decentralization & Recruitment Act, 2010 and Rule 19 of the J&K Civil Services Decentralization and Recruitment Rules, 2010.
A Bench of CAT comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur after hearing AAG Amit Gupta for the UT observed that when a State action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the Constitution and if not, the court must strike down the action. While doing so the court must remain within its self-imposed limits. The Court/Tribunal sits in judgment on the action of a coordinate branch of the government.
While exercising power of judicial review of administrative action, the court is not an appellate authority. The Constitution does not permit the court to direct or advise the executive in matters of policy or to sermonize qua any matter which under the Constitution lies within the sphere of legislature or executive, provided these authorities do not transgress their constitutional limits or statutory powers. The CAT observed that in the present case, no strong case has been made out by the applicants for declaring Sub-section 2 of Section 10 of Jammu and Kashmir Civil Services Decentralization & Recruitment Act, 2010 and Rule 19 of Jammu and Kashmir Civil Services Decentralization & Recruitment Rules, 2010 as ultra-vires the Constitution of J&K or contrary to J&K Revenue (Subordinate) Service Recruitment Rules, 2009 and J&K Civil Services (Classification, Control and Appeal) Rules, 1956. In view of the facts and the settled law, we do not find any valid ground to interfere in the impugned Act and Rules of 2010.
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