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| HC directs State to appoint petitioner as JE in handicapped Category | | | EARLY TIMES REPORT
Jammu, June-13 (JNF):- Justice Sunil Hali of J&K High Court (Jammu Wing) in a significant judgment, directed State to appoint petitioner against the post of Junior Engineer Electrical in the handicapped category.
The petitioner Prem Nath along with other eligible candidates applied for the post of JE (electrical) Grade-II in response to an advertisement notice dated September 23, 2004. The process of selection was by way of interview only. Petitioner participated in the selection process, but remained unsuccessful, challenged the selection on various grounds.
The Court after hearing the parties observed that contention of the respondent that 10 posts reserved for handicapped category were required to be filled-up on the basis of further allocation from the categories General, SC, ST and RBA, not sustainable. As the number of posts available under handicapped category were ten. The respondents were supposed to select the candidates in the category on the basis of their merits irrespective of their further classification of belonging to a particular category. It was only after their selection that they were required to be allocated the category to which they belong, which has not been done by the respondents. Their action in selecting only six candidates from the handicapped category on the basis of further classification of belonging to General Category candidates is not legally permissible. With these observations Court allowed the petition and directed Service Selection Recruitment Board to recommend the name of the petitioner as a selected candidate under handicapped category in pursuance to the selection process under Notification No 4 of 2004 dated September 23, 2004. The recommendation be made to the dept concerned by selecting authority within a period of fifteen dates from the date a copy of this order is made it through petitioner. Thereafter, the respondent dept shall take further action for issuing appointment order in favour of the petitioner within a further period of 15 days after receipt of the recommendation. The petitioner shall be entitled to all consequential benefits minus monetary benefits, Court said. |
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