`Any J&K resident eligible for distt cadre post’

KT NEWS SERVICE. Dated: 7/27/2012 1:53:12 AM

SC ruling to impact inter-distt recruitment ban

JAMMU, Jul 26: The ruling of the Division Bench of Supreme Court on July 16 this year, that no permanent resident of Jammu and Kashmir can be denied appointment for district cadre posts on the basis of the fact that the candidate is not residing in the particular district is all likely to impact state government’s ban on inter-district recruitment except Schedule Caste category.
The ruling by the apex court Division Bench comprising Justices G S Singhvi and SJ Mukhopadhaya came while deciding the case of one Vinod Kumar Koul, who was refused to be interviewed by J&K Services Selection Board, Jammu for the post of Laboratory Assistant in Udhampur. Koul had applied responding to an advertisement on March 29, 1996.
In the apex court verdict, reference was made to J&K Subordinate Services Recruitment Rules, 1992. Interestingly, no reference of Jammu Kashmir Civil Services Decentralization and Recruitment Act-2010 was there.
In this particular case, earlier a Single Judge Bench and a Division Bench of the J-K High Court had rejected the pleas of the candidate, holding that only the candidates belonging to Udhampur district could be considered for the post and that the petition being a permanent resident of Anantnag district was not entitled to be considered for appointment in Udhampur.
SC Division Bench held, “It cannot be said that a candidate who is a permanent resident of the state of Jammu and Kashmir is not eligible to be considered for a district cadre post merely because he is not a permanent resident of the particular district for which the post has been advertised.”
The SC pointed out that under the J-K Subordinate Services Recruitment Rules, 1992, the Board was required to club the vacancies of the district cadre referred to it in a calendar year, advertise the same at one go and invite applications from the residents of J-K without prescribing the conditions of domicile.
“There is nothing in the language of Rule 13(i) or any other Rule from which it can be inferred that for the district cadre post only a permanent resident of the particular district can apply.…In our view, the administrative decision of the Board, which is ex facie inconsistent with the plain language of Rule 13(i), could not have been relied upon for determining eligibility of the appellant for appointment as Laboratory Assistant in Udhampur district,” the SC said.
The SC held that both the Benches of the HC committed a “serious error” by negating the appellant’s challenge to the decision of the Board’s Selection Committee, and “that too overlooking the fact that at the time of submission of application, the appellant was residing in Udhampur district, which is an integral part of the state of J-K.”
The apex court directed the Board to interview him and declare the result within four weeks and forward the same to the appointing authority within the next two weeks. Another four weeks could be taken for appointing him as the lab assistant and the petitioner would be entitled to have his seniority fixed in accordance with the rules.

 

Video

The Gaza Crisis and the Global Fallout... Read More
 

FACEBOOK

 

Daily horoscope

 

Weather