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| HC dismisses 3 petitions seeking quashment of selection of AEO | | |
Early Times Report
Jammu, Mar13- Justice JP Singh of J&K High Court Jammu Wing dismissed three writ petitions challenging the selection/appointments of 18 Agriculture Extension Officers (AEO) made pursuant to advertisement notice issued by the PSC on April 4, 1997.
Justice Singh while dismissing the three petitions observed that Court do not find any illegality in PSC’s granting exemption to those possessing higher qualification than the prescribed qualification, to clear the Screening test. Even otherwise, petitioners cannot have any legitimate grievance about their rejection because they had availed of their right of consideration for selection and it was on the basis of their lower merit that they had not been found fit for selection and consequent appointment as Agriculture Extension Officer. The merit of the candidates at the Screening test had, in terms of the Advertisement Notice not to weigh with the selectors at the time of the interview and in that view of the matter too, selection of respondent nos. 17 & 22 cannot be faulted. With these observations Court said that Court do not find any merit in these three petitions which are accordingly dismissed.
Justice JP Singh, after hearing Advocate Surinder Kour and Advocate FA Natnoo, observed that petitioners plea that the Commission had erred in interviewing even those who had failed to clear the Screening test, the PSC submitted that the candidates who were possessing higher qualification of M. Sc Agriculture too had been called for interview regardless of their having not cleared the Screening test, in view of the decision of the Commission to exempt them from the requirement of clearing the Screening test. The petitioners having been adjudged lower in merit to the selected candidates by the PSC, cannot legitimately question their selection of Darmesh Vaid and Jatinder Kumar too cannot be faulted in view of the provisions of Rule 40 of the Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 1980, in terms of the fourth proviso whereof candidates possessing higher qualification may be exempted by the PSC from the Screening test. Exercising power under the fourth proviso, the PSC had invited thirty four candidates including these two respondents to broaden the area of competition for selection JNF.
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