J&K HC Asks Govt To Decide Fate Of KVIB 2016 Job Process
A bench of Justice Sanjay Dhar passed the directions while disposing of a petition filed by Mahboob Ali Mir and eight others, who had challenged Government Order No. 127-IND of 2019 dated June 28, 2019, cancelling all selections made pursuant to Advertisement Notice No. KVIB/01 of 2016.
ADVERTISEMENTThe petitioners applied for the positions of Accounts Assistant/Junior Auditor and Junior Assistant/Record Keeper, subsequently appearing in written and type tests followed by interviews
However, while selection lists were issued for several other posts, including Executive Officer, Publicity Officer, Assistant Executive Officer, Field Publicity Officer and Junior Statistical Assistant, no selection lists were issued for the posts of Accounts Assistant/Junior Auditor and Junior Assistant/Record Keeper.
ADVERTISEMENTThe petitioners had earlier approached the court, which directed the authorities to proceed with the selection process. During subsequent contempt proceedings, however, the government cancelled the entire selection process through the impugned order.
The court noted that the cancellation order of June 28, 2019, had already been quashed in connected litigation and that the decision had attained finality. A Division Bench had also ordered reinstatement of candidates whose selection process had culminated in appointments, while allowing the authorities to conduct a fresh inquiry in accordance with law.
The court, however, observed that the present petitioners stood on a different footing as the selection process for the posts they had applied for had not culminated in the issuance of selection lists or appointment orders.
The court held that no direction could, therefore, be issued for their selection or appointment.
Read Also Hokersar Wetland Scam – HC Dismisses Reach Company's Plea 'Judicial Insensitivity': J&K HC Questions Child Custody OrderAt the same time, the court observed that with the government order cancelling the selection process having been quashed, the authorities were required to proceed with the process as if the cancellation order had never been issued.
Accordingly, the Court directed the authorities to take a decision regarding the fate of the selection process initiated under the 2016 advertisement, either by taking it to its logical conclusion or by taking any other action deemed appropriate after conducting an inquiry into the matter.
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