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Consider the case of petitioner for promotion with other eligible: HC
7/21/2009 10:16:22 PM
EARLY TIMES REPORT
JAMMU, JULY-21: J&K High Court Jammu Wing in a petition directed Commissioner/Secretary Education Dept to consider the case of the petitioner under ST Category for grant of promotion to the post of lecturer against the vacant post and also consider the case of other eligible candidates and pass appropriate order. Justice Hakim Imtiyaz Hussain of J&K High Court Jammu passed an order responding to a petition filed by Gulzar Hussain through Adv S S Ahmed seeking promotion to the post of lecturer under ST category as the petitioner was appointed teacher in district cadre Rajouri in the year 1989.
In the objection filed through Deputy AG Neeru Goswami by the Education Dept in which they have resisted the claim of the petitioner by stating that he figures at serial No 6 under the ST Category, whereas only four vacancies of lecturer are available under the back log quote of ST category so the petitioner cannot be considered being junior to five other candidates. Through an interim order January 1, 2009, High Court directed respondent to file supplementary affidavits as to how many more vacancies have become available since 1992. The respondents in the supplementary affidavit stated that 8 vacancies under ST category were available against which the services of only five candidates from ST category have been regularized and three vacancies are still available. Adv SS Ahmed appearing for the petitioner submitted that in view of the vacant posts indicated by the respondents in their supplementary affidavit, the case of the petitioner can now be considered.
Hearing the arguments from the both sides, Justice Hakim Imtiyaz Hussain directed Commissioner/Secretary Education Dept to consider the case of petitioner under ST category for promotion to the post of lecturer against the vacant post, if he otherwise fulfills the qualification and other requirements for the said post and falls within the consideration zone and also directed respondent that while according consideration to the case of the petitioner respondents shall also consider the cases of other eligible candidates and passed appropriate orders.
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