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| HC dismisses petitions challenging direct recruitment of lecturers | | | EARLY TIMES REPORT
JAMMU, Apr 21: Justice JP Singh in two writ petitions upheld 100 percent direct recruitment for the post of college lecturers. Two writ petitions filed by Parveen Akhter & Others, Dr. Madhu Sharma & Others challenging the recruitment rule 2008 provide 100 percent direct recruitment for the posts of lecturers in higher education and seeking quashment of JKPSC Notification dated March 6, 2009 inviting applications for the post of lecturer in higher education dept and also seeking direction to state Govt to provide quote for in-service lecturers of Plus 2 as it existed in the repealed rules. According to the petitioners recruitment rules 2004, mode of recruitment to the post of lecturers colleges was 60% by direct recruitment and 40% by selection from amongst the lectures Higher Secondary School, Head Masters, ZEOs, Additional ZEOS, ZEPOs having teaching experience of 5 years at higher secondary level. The J&K Govt vide fresh recruitment rules 2008 vide SRO 423 dated December 23, 2008, in terms of these rules incorporated 100 percent recruitment of college lecturers by direct recruitments.
Justice JP Singh after hearing Adv Veenu Gupta appearing for the petitioners, Deputy AG Neeru Goswami appearing for the state, Sr. Advocates DC Raina, MK Bhardwaj with advocates FA Natnoo, Sachin Sharma and WS Nargal appeared for the respondents, considered the submissions of both sides and gone through case law referred by them, observed that impugned rules which provided 100 percent direct recruitment for the posts of lecturers in the colleges, do not in any manner offend the provisions of Article 14 & 16 of constitution of India as urged by the petitioners, what has been taken away by the state Govt by the impugned rules, is a concession allowed to the members of the education gazetted service which had to be operate in future not a vested right such a concession could well be taken away in exercise of the constitutional power vested in the state Govt u/s 124 of the J&K Constitution. Court referred a judgment of the Supreme Court of India Titled chairman Railway Board and Others Vs CR Rangadhmaiah & ors and said that petitioners are therefore not entitled to benefits sought for in the writ petitions, the impugned rules do not affect either their service conditions or the promotional avenues available to them under rules by which they are governed. The impugned notification and the selection process initiated, in which the petitioners too had participated cannot thus be faulted and dismissed the petitions.
—JNF
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