news details |
|
|
| HC issues directions in appointment of Prosecuting Officers | | | EARLY TIMES REPORT
Jammu, Apr-27- Allowing the three LPAs filed by the aggrieved of judgments of writ court, the Division Bench of J&K High Court Jammu Wing comprising Justice Virender Singh and Justice Muzaffar Hussain Attar today directed official respondents to offer appointments to the post of prosecuting officers to appellants in all the three appeals.
This landmark judgment pronounced here by Justice Virender Singh on behalf of Division Bench. The DB after considering all the facts and circumstances of the case observed that it becomes clear that by changing the selection criteria in mid-stream, the entire selection process is rendered illegal but the court cannot loose sight of the fact, that the selection/appointments have been made way-back in the year 1998 which fact dissuades this Court from questioning the selection/ appointment of non-official respondents. But after holding that the selection process was conducted illegally and improperly for the reasons of having changed the criterion after initiation of selection process, the appellants cannot be denied relief for which they have been waiting for all these years.
DB further observed that the admitted fact position in this case is that 25 posts were vacant after conclusion of selection process as some appointed candidates did not join and some left after joining. The writ court had directed not to re-advertise 12 vacant posts in order to do substantial justice in this case and in order to mitigate the hardships to which the appellants have been subjected to all these years, relief has to be granted in their favour. With these observations DB allowed all three appeals and modified the judgment of the single judge with the direction to the state respondents to offer appointments to the post of Prosecuting Officers to the appellants in all three appeals within a period of two months and further directed that in case the appellants in these appeals have crossed the upper age limit fixed for selection/appointment for the post of prosecuting officer same shall be deemed to have been refixed and appellants shall be treated to be within the age limit prescribed for making the appointment to the posts of prosecuting officers, DB hold.
The appellants/petitioners submitted that they had applied for the post of Prosecuting Officer in the J&K Police and as per the advertisement notification issued by the Director General of Police, the minimum qualification was prescribed as Law Graduate from any recognized university with minimum two years practice at BAR. The candidate should not be more than 30 years of age on the first day of January, 1997, for male candidates minimum height was prescribed 5ft6inch and chest 32 inches unexpanded and 33 ½ inches expanded. The candidates were required to be subjected to physical test and viva-voce/personality assessment test. The notification was issued in the year 1997 and date for application was fixed as November 30, 1997 and the re-advertisement notification was issued in the year 1998 in which applications were invited from eligible candidates to the post of prosecuting officers with the direction that candidates who have already applied in response to earlier notification need not to apply again. According to the appellants/petitioners after the selection process was over, the petitioners were not selected and appointed as prosecuting officer filed writ petitions challenging the selection of some of the selected candidates. Writ Court did not allow the writ petitions, aggrieved by the judgment of the single judge field these three appeals. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
