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| DB allows four LPAs filed by state, ors | | Selection of Lecturers in Higher Education Deptt | |
Jammu, July 5 (JNF) : A Division Bench of State High Court Comprising Justice Virender Singh and Justice Muzaffar Hussain Attar allowed four LPAs filed by State and other against the judgment of writ Court dated July 26, 2002 where by State was directed to consider the claim of the petitioners for appointment as Lecturer in the Higher Education who were in waiting list. Aggrieved by the judgment the state challenged the same in these four LPAs on various grounds. DB after hearing battery of lawyers observed that respondent/petitioners right extinguished when the period of one year from the date of publication of select list/ recommendation of the PSC expired. Admittedly petitions were filed after the expiry of select list. In law there was nothing available to the respondents-petitioners on which they could fall back upon the sustaining their claims. The reference made to Govt order dated January 31, 2003 is of the no assistance to the petitioners/respondents as the orders was passed under the pain of the contempt. The Govt order in law, cannot become bases for extending similar benefit to the petitioners/respondents. Even on facts posts were created subsequent to the completion of the selection process and they were proposed to be filled-up by falling back-up of the waiting list of the earlier selection process. In view of settled legal position, respondents cannot seek any benefit from the said order. Withdrawal of the appeals by the appellants therein is of no consequence and of the no help to the petitioner/respondents. Article 14 of the constitution of India is possessed of positive traits. No benefit can be derived from an order which is passed under the pain of contempt. With these observations Division Bench allowed these four appeals and set-aside the judgment of writ Court. |
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