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| HC sets aside appointment of Cultural Officer Leh | | Takes serious note of biased approach of selection committee | | Early Times Report
Jammu, Apr18-Taking serious note of the biased approach of the selection committee, Justice JP Singh of J&K High Court Jammu Wing has set-aside the selection and appointment of Tsewang Paljor Cultural Officer Leh who was appointed on November 23, 2006 and directed Academy of Art Cultural and Languages to bear the litigation expenses of the petitioner, which are assessed Rs 10,000.
While setting-aside the appointment of Tsewang Paljor, Justice Singh took serious view of the selection committee and said that the factual position emerging from the records, it becomes apparent the members of the selection committee had failed to follow the laid down criteria for awarding marks to the candidates for possessing basic qualification, additional qualification and published work, to assess their merit and suitability for the advertised post. Such course adopted by the selection committee in not following the criteria laid down for assessing the merit of the candidates, in the absence of any justifiable cause for deviating from the laid down criteria, projected during the hearing of the petition, is nothing but stark arbitrariness. The biased approach of the selection committee in evaluating private respondent merit against the laid down criterion and awarding him marks much more than one which he would have been entitled to in terms of the criterion, and omitting to award marks to the candidates, which they were entitled to, clearly demonstrate unfair and arbitrary approach of the selection committee, in assessing the merit of the eligible candidates and preparing the panel of candidates for selection against the post of the cultural officer, Leh, leading to the issuance of the academy’s order dated November 23, 2006 appointing private respondent as Cultural Officer Leh and petition allowed quashing academy’s selection panel for the post of Cultural Officer Leh and setting aside the selection and appointment of Tsewang Paljor and also directed Academy of Art Cultural and Languages to bear the litigation expenses of the petitioners to the tune of Rs 10,000.
This significant judgment was delivered in a writ petition filed by Sonam Jaldon and Sonam Chosjore challenging the selection and appointment of private respondent through Advocates SK Shukla and Tashi Rabstan in which counsel for the petitioners submitted that the petitioners are more qualified and gold medalists possessing MA, M.Phil Degrees whereas petitioner No 2 is presently engaged in PH.D whereas petitioner No 1 have done his master degree and possessing Ph .D is Ladakh’s Traditional Ties with Buddhist Tibet from Jawahar Lal Nehru University, whereas the private respondent did not possess any additional qualification. The selection and appointment of the private respondent challenged on the various ground including that the whole selection process unfair and mere eye-wash designed to favour private respondent. JNF
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