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| DB upholds writ court judgement on selection of physical education teachers | | | early times report
JAMMU, May 21: A High Court division bench of Justice J P Singh and Justice Muzaffar Hussain Attar today declined to interfere in the writ court judgment and dismissed three appeals filed by SSRB, with the direction to implement the writ court judgment preferably within a period of eights weeks.
The petitioners who might have crossed upper age limit for securing appointment in government services shall be deemed to be within age as appeals remained pending before this court for about 10 years, the bench directed.
In 1996-97, posts of physical education teachers were advertised by SSRB and candidates possessing prescribed qualification were informed to submit application forms.
Against the selections made by the appellant-board in different districts, some candidates had moved court.
The writ court disposed of the petitions by holding that allocation of 20 points to the candidates holding degrees and diplomas in physical education had rendered the selection process illegal. This plea was accepted on the basis of judgment of the court passed in SWP No 363-A/1998 in case titled Kuldeep Raj v/s SSRB and others decided on April 19, 2001.
The writ court also upheld the contention of the petitioners that composition of the selection committee having been changed during the course of selection process, vitiated the same.
The court, however, while relying upon the decision of the Supreme Court in case titled H. C. Puttaswamy and others v/s chief justice of Karnataka high court and others instead of quashing the selection of the selected candidates directed that the petitioners be considered for being appointed on the post in question, as 18 posts were still lying vacant in district Udhampur.
Petitions 1841/1997 and 1432/1997 were also disposed of by the same judgement, though the petitioners therein were not held entitled to get the benefits of the observations made in the judgement with regard to the allocation of additional 20 points to degree holders and diploma holders, but were held to get the relief on the basis of the finding that change of composition of selection committee affected their legal rights.
After hearing the two sides, the division bench observed that in the objections filed by the appellant-board before the writ court, it had been stated that O N. Trisul, a board member was nominated as convener of the committee, while chief agriculture officer (CAO) and district officer of the concerned districtswere nominated as members.
The CAO, Udhampur, because of his other occupations, could not continue to associate himself with the selection process and was replaced by district employment officer, Udhampur.
Initially selection committee conducted the interviews of some of the candidates and after thecomposition was changed, some other candidates were interviewed. By changing the composition of the selection committee, merit of the competing candidates, which formed a class in itself, was thus adjudged not by one single committee but by the two committees.
The standards of adjudging the merit of the candidates, admittedly, got changed.
There having been no uniformity in adjudging the merit of the competing candidates, the selection process was rendered arbitrary, violating the constitutional guarantees contained in Articles 14 and 16 of the Constitution of India.
After taking a view that the selection process was illegal, the writ court had directed the respondents to consider the case of the petitioners for appointment on the post of physical education teachers.
The view taken by the writ court about the composition of the selection committee resulted in extending the benefit of judgment to the petitioners in the other writ petitions as well.
With these observations, the division bench upheld the writ court judgment and
dismissed the three appeals filed by SSRB. |
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