news details |
|
|
| Petition against PSC dismissed with charges | | |
Early Times Report
JAMMU, Feb 23: Justice JP Singh of J&K High Court Jammu Wing in a significant judgment has dismissed the petition with Rs 5000, filed by Gagan Partap Singh and others who have been engaged on contractual basis for serving in the Govt polytechnic college seeking quashing of notification No 7 PSC/2003 of June 27, 2003 in so far as it invites eligible candidates for selection against the post of lecturer Grade-I Travel and Tourism (non-Engineering) in the Higher and Technical Education Dept.
Justice JP Singh after hearing Sr. Adv Sunil Sethi assisted by Adv Veenu Gupta appearing for the petitioners, AAG Seema Shekhar appearing for the State, Adv FA Natnoo appearing for the PSC and Adv PN Raina appearing for the respondents 4 and 5 and gone through and considered the submissions of the counsels for the parties and find that the petitioners writ petition to be utterly misconceived, having not yet become the permanent employees of the State Govt and the members of the polytechnic service, the petitioners have no enforceable individual right to maintain the petition because they do not belong to category B of the service. Even otherwise the petitioners have no right to project the cause of the promotes by invoking extra ordinary writ jurisdiction of the Court which may be invoke only in those cases where there is violation of any fundamental, legal or statutory right.
Justice JP Singh further observed that having come to court with unclean hands without disclosing in the petition as to the rejection of the candidature by the PSC, the petitioners may not be entitled to equitable writ jurisdiction of this Court. Even otherwise prescribing of higher qualification then the one appearing in the rules, and that too for the posts advertised by impugned notification for the posts which had to survive during the life of the project under World Bank Assistance Technical Education-III Scheme cannot be faulted by the petitioners. With these observations Court do not find any merit in petitioners writ petition which is accordingly dismissed with Cost Rs 5000/- and interim order issued by the Court on April 15, 2005 is vacated
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
