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| DB set-asides order of writ, allows two LPAs appointments in Hr Edu | | | EARLY TIMES REPORT
Jammu, Jan 16: A Division Bench of J&K High Court Jammu Wing comprising Chief Justice FM Ibrahim Kalifulla and Justice Virender Singh allowed two appeals filed by J&K Public Service Commission and State of J&K Ors v/s Safeena Javed & Ors and set-aside the order of writ Court.
This significant judgment written by Chief Justice FM Ibrahim Kalifulla for the Division Bench after hearing Sr Adv DC Raina with Advocates FM Natnoo and Pooja Raina and Vinod Bakshi Deputy AG for the appellant whereas Adv SK Shukla appearing for the respondent Safeena Javed & Ors.
Division Bench referred various judgments of the Supreme Court and Division Bench of the State High Court in which it was made it clear that the decision of the Supreme Court alone should rule the field and consequently the Division Bench decision cannot be followed.
The Division Bench further observed that this Court cannot inclined to accept the submission of counsel for the respondent to take a different view than what has been settled, hold that order of the Writ Court in directing the appellants to recommend the name of the respondent for appointment as Lecturer in Political Science against the post which fell vacant due to resignation of Muzaffar Ali, provided she is next in merit, by stipulating the time limit, cannot be sustained.
With these observations Division Bench set-aside the order of writ court and allowed both the appeals filed by PSC & State. Meanwhile the writ court directed the appellants to recommended the name of Safeena Javed for appointment as Lecturer against the post which fall vacant due to the resignation of Muzaffar Ali.
According to petition PSC issued advertisement notice on December 20, 2006 inviting applications from eligible candidates for filling of the post of Lectures in different disciplines including 12 posts in Political Science in the Higher Education. The Safeena Javed was one of the applicants for the direct recruitment from the RBA category. She participated in the selection process. The Public Service Commission declared the select panel vides notification dated August 29, 2007 in which the names of three persons were found selected under RBA category, namely. Muzaffar Ali, Jeewan Lal and Prem Singh. They were also issued with the appointment orders dated October 18, 2007. They accepted the offer and were also appointed by the appellants.
One of the candidates, namely, Muzaffar Ali, under the RBA category, subsequently resigned from the said post on his selection to the Kashmir Administrative Service. After the resignation of said Muzaffar Ali, temporary appointment of one Smt Amit Bala was made on academic arrangement. The Safeena Javed, who was first in the waiting list, came forward with a writ petition that she was entitled to be appointed in the vacancy created pursuant to the resignation of said Muzaffar Ali since she was next in the order of merit. The writ court held that the waiting list can be operated even in respect of a vacancy which arise out of resignation and consequently directed the appellants to recommend the name of the 1st respondent for appointment as Lecturer in Political Science against the post which fell vacant due to resignation of Muzaffar Ali, provided the 1st respondent is next in the order of merit. (JNF) |
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