DB quashes selection process with directions to lay down qualification, criteria

23/10/2019

JAMMU, OCT 22: In a landmark Judgment, a Division Bench of State High Court (Jammu Wing) comprising First Puisne Judge Justice Rajesh Bindal and Justice Rashid Ali Dar today allowed the appeal filed by Dr. Arvinder Singh Amn (Additional Secretary JKAACL) and set aside the Judgment passed by the writ court and consequently accepted the writ petition filed by the appellant.
While delivering the Judgment the Division Bench headed by First Puisne Judge Justice Rajesh Bindal quashed the Advertisement dated March, 1, 2019 for selection to the post of Secretary J&K Academic of Art, Culture and Languages with a direction that in case the process of selection is to be initiated, the qualifications, experience and other terms and conditions of service besides the process to be followed for the selection be prescribed before advertisement is issued.
This approved for reporting Judgment was pronounced today by the First Puisne Judge in the open court in an appeal filed by Dr. Arvinder Singh Amn against the Judgment dated May, 28, 2019 passed by writ court whereby the writ petition throwing challenge to the advertisement had been dismissed.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the appellant whereas Senior AAG H.A. Siddiqui appearing for General Administration Department/Culture Department and Govt. Advocate Bhanu Jasrotia appearing for JKAACL, the Division Bench headed by First Puisne Judge Justice Rajesh Bindal observed that if the facts of the present case are examined in the light of the law laid down by the Hon'ble Supreme Court in case titled State of Punjab and Anr V/s Brijeshwar Singh Chahal & Ors the only possible conclusion is that the process adopted does not inspire confidence. Issuing advertisement without even laying down eligibility conditions and then asking for further information after receipt of applications, is unknown to law and such a process cannot sustain in the eyes of law.

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