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| HC quashes selection of 14 JE of MES | | |
Early Times Report
Jammu, Feb19- In a landmark judgment Justice JP Singh of J&K High Court Jammu Wing today quashed the selection and appointment of 14 to the post of Junior Engineer (Electrical/Mechanical) in Military Engineering Services and directed Union of India through Defence Secretary, Engineer-in-Chief Army Head Quarter, Chief Engineer Northern Zone and Chief Engineer Udhampur Zone to reassess the merit of petitioners and respondents assessing their merit for allocation of 10 marks on the basis of the merit obtained by them in diploma and thereafter consider appointment of those who are found entitled for appointment as Junior Engineer (Electrical/Mechanical) under rules governing their selection and appointment ignoring the explanation indicated with the marks in the selection guidelines.
This landmark judgment was announced today in a petition filed by Pankaj Kumar and Others challenging the selection and appointment of Amit Kumar, Veerji Bhan,Kamal Kumar, Ashok Kumar, Amar Singh Meena, Vinay Kumar Gupta, Satish Kumar, Jagtar Krishan, DK Mishra, Ved Raj, Sanjay Kumar, Vimal Raina, Sumit Chopra, K. Chadha and Vikas Kalsi as Junior Engineer(Electrical/Mechanical) in the Military Engineering Service(MES) made pursuant to advertisement No CEUZ/1/2003 issued by Chief Engineer Military Engineering Service Udhampur Zone.
Advocates Surinder Kour and SK Shukla appearing for the petitioners challenged the respondents’ selection and appointment solely on the ground that official respondents had not followed the laid-down criteria for selection of JE and had erroneously given preference to private respondents because of their possessing higher qualification of degree in Engineering, thereby depriving the petitioners who are diploma holders of their right to consideration for selection and appointment as JE in MES. On the other hand Assistant Solicitor General of India VK Magoo justified the selection of 14 private respondents on the ground that guidelines and rules had been duly followed by the official respondents in making the selection and appointment of private respondents and the grievances of the petitioners, diploma holders regarding giving weightage of additional 10 marks to the degree holders was misconceived as the rules governing the selection would justify allocation of 10 marks for the higher qualification of the candidates possessing degree in engineering.
In the approved for reporting judgment, Justice Singh, after considering the submissions of Advocates Surinder Kour and SK Shukla appearing for the petitioner and ASGI VK Magoo for the Union of India, and going through the selection criterion which had been followed by the official respondents while making selection of 14 private respondents as JE (Electrical/Mechanical), observed that recruitment rules for the post of JE Civil, Electrical and Mechanical were notified vide SRO 78 of April 30, 2001. The prescribed qualification for the post of Junior Engineers (Electrical/Mechanical) in terms of the rules is matriculation or equivalent with three years diploma in electrical or mechanical or automobile engineering from a recognized institute/ university/ board. In the terms of the recruitment guidelines 10 marks have been earmarked for basic qualification meaning thereby merit of the eligible candidates had to be assessed on the basis of the of marks obtained by them in diploma electrical and mechanical engineering which is the basic qualification prescribed under the recruitment rules 2001.
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