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| Selection of 229 Guards in Excise Dept challenged | | HC dismisses 19 writ petitions | | Early Times Report
Jammu, Aug 06- The Jammu and Kashmir High Court today dismissed 19 writ petitions challenging the selection of 229 Guards and other class IV in the State Excise Department, Jammu division.
In his approved for reporting judgment, Justice Sunil Hali, after hearing battery of lawyers from both sides, referred various judgments of the Supreme Court which clearly reveals that when number of candidates are there and short listing procedure is adapted, then selection by interview is not bad provided such interviews are conducted scientifically. In the present case there is no allegation that the interview was not conducted fairly. The vague allegations in the some of the petitions would not cause any cloud on the matter in which the interview was conducted. With these observations Court dismissed petitions along with CMPs.
Excise Commissioner had ordered appointments against the available vacancies including class IV and Guards etc, by taking benefit of Government order which empowered him to make appointments to the said posts. The appointments in pursuance to the direction of the Excise Commissioner were made to the said posts. These appointments were challenged in the High Court in a batch of petitions and all the appointments came to be quashed by the High Court vide judgment dated July 5, 2000. State being aggrieved filed LPA in the High Court and ultimately the matter went to the Apex Court, who after hearing the parties dismissed the appeal and on September 16, 2004 by passing an order including the directions that all the vacant posts shall be notified for appointment and applications called for in accordance with the rules within six months from the date of receipt of judgment. All the appellants may be permitted to submit application for appointment against the notification. As regards the upper age limit, these appellants shall be given relaxation but there shall not be any relaxation in the matter of the basic qualification for appointment to Class IV posts. The Apex Court also directed the State that appellants may be allowed to continue in service till such regular recruitments are made and these posts are filled up by a regular process of appointment. In pursuance to the directions of Apex Court, State vide order dated October 11, 2005 constituted a state level selection committee to fix the criteria for selection which was to be given wide publicity to make the process transparent. It is stated that more than 47000 applications were received for the said posts. The numbers of applications received were large in number in the proportion of 1:120 to the post advertised. The short listing procedure was adapted to the manageable ratio for the purpose of interview. Vide the Government order three selection committees were constituted - State Level Selection Committee, Divisional Level Selection Committee for Jammu Division and Divisional Level Selection Committee for Kashmir Division. After completion of the selection process, selection list was published in the newspaper on February 10, 2007 which was challenged in these 19 petitions. JNF
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