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| Selection of 2 Jr. Stenographers quashed | | HC directs respondents to consider petitioner for appointment | | Early Times Report
Jammu, Jan10- Quashing the selection of two private respondents as junior scale stenographers, Justice Sunil Hali of J&K High Court Jammu Wing directed the respondents to consider the case of the petitioner for appointment to the post of junior stenographer.
Petitioner Girdhari Lal in his petition submitted that he had successfully qualified the requisite tests but the his name was excluded from the selection list while as Ashmat Shafi and Sajjad Ahmed Wani, both residents of Srinagar who failed to obtain the minimum speed were appointed.
Justice Hali, after hearing Adv KS Johal appearing for the petitioner and Adv SK Shukla appearing for the respondents, observed that respondent have taken support of the communication March 31, 1999 as contended by the petitioner; this would also not help the respondents as it was only one time exception. The effect of this relaxation has resulted in the selection of the private respondents. Admittedly they were not eligible for such appointment after having failed to obtain the basis eligibility as provided under the advertisement notice as also under rules. It is settled proposition of law that statutory rules made under Article 309 Proviso would assume primacy over notification or circular issued in exercise of power under Article 162 of the Constitution. Court, accordingly, hold that appointment of private respondents namely Ashmat Shafi and Sajjad Ahmed Wani were not proper, as they failed to secure 65 words per minute in short hand whereas the petitioner had obtained 65.6 marks, Having failed to obtain minimum speed as provided under the notification, they could not have been called for interview, as their selection was bad. With these observations, Court directed that respondents to consider the case of petitioner for appointment to the post of Jr. Stenographer and the selection of private respondents would stand quashed. However, court further directed that if the petitioner can be adjusted without disturbing the selection of private respondents, in the eventuality they shall not be disturbed. JNF
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