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2014 DIGILAW 414 (JK)

Akhtar Rashid Mir v. State

2014-10-28

MOHAMMAD YAQOOB MIR

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1. Vide advertisement notice dated 14.10.2012, issued by respondent No.4-Zonal Education Officer, Devsar Kulgam, applications have been invited from eligible candidates belonging to Revenue Village Shahoo Sachan for filling up one post of ReT in Govt. Middle School, Shahoo (replacement) with mathematics background. The last date for receipt of applications was fixed as 10 days reckoning from the date of publication of advertisement notice. 2. The petitioners though eligible did not apply because they had no knowledge about the advertisement notice. On gaining knowledge, they had moved a representation before the respondent No.4 to the effect that the advertisement issued is not consistent with the norms and guidelines as prescribed for advertising the posts i.e. said advertisement notice was required to be routed through Directorate of Information so as to ensure its due publicity. At the same time, petitioners claim to have submitted their application forms after the cut-off date which were received by the petitioners but were not considered, as a result whereof panel had been prepared wherein respondent No.5 and others are included who are inferior in merit than the petitioners. It is further submitted by the counsel for the petitioners that the advertisement notice has been published in the newspaper Kashmir Images which has very less circulations which perhaps has been done with a design so as to favour the candidates to the exclusion of meritorious candidates. 3. In the reply filed by respondents No.1 to 4, it has been highlighted that the application form of petitioner No.1 was received after cut-off date, as such, was rejected. Due publicity was given but the petitioners failed to respond, therefore, they cannot claim violation of any right, that too when they had exhibited indolence in responding to the advertisement notice. 4. While considering the rival submissions, what would emerge is that Govt. Order No.671-GAD of 2007 dated 08.06.2007 [Refer 2007 (5) JKS JK-827] impressed upon all Government Departments/Public Sector Undertakings/Autonomous Bodies under the Government that under any circumstances, the official advertisements shall be routed invariably through the Directorate of Information, failure whereof shall be viewed seriously and appropriate action shall be taken against the delinquent officers. Order No.671-GAD of 2007 dated 08.06.2007 [Refer 2007 (5) JKS JK-827] impressed upon all Government Departments/Public Sector Undertakings/Autonomous Bodies under the Government that under any circumstances, the official advertisements shall be routed invariably through the Directorate of Information, failure whereof shall be viewed seriously and appropriate action shall be taken against the delinquent officers. Admittedly, in the instant case, advertisement notice, as published in the daily newspaper Kashmir Images, has not been routed through Directorate of Information which in turn has given rise to a situation where the petitioners have safely projected that they have been deprived from competing for the post as has been advertised. Newspaper Kashmir Images, as alleged, is having less circulation. Such acts of the authorities have direct impact on the speedy process of finalizing the selections/appointments which in turn deprive the concerned of timely fulfilment of the requirements. In the instant case, in the final analyses, it is the school and the students who are being made to suffer for non-availability of the teacher. The position of Govt. Order No.671-GAD of 2007 has remained to be controverted. No explanation has been offered as to why advertisement notice has not been routed through the Directorate of Information which raises doubts about the fairness in the process. 5. In order to avoid any further delay in the matter of selection and for advancing the cause of justice, it would be quite appropriate to allow this writ petition and to direct the respondents No.1 to 4 to issue fresh advertisement notice which shall be sent for publication through Directorate of Information so as to be consistent with Govt. Order No.671-GAD of 2007 dated 08.06.2007. However, for safeguarding the rights of the parties, the eligibility of the candidates vis-a-vis acquiring of qualification and age shall be the same as was prescribed in the earlier issued advertisement notice. While issuing fresh advertisement notice, respondents No.1 to 4 shall ensure that sufficient time is given to the eligible aspiring candidates to apply for the post. 6. The aforesaid exercise be undertaken and the process of selection/appointment shall be completed within a period of eight weeks from today. 7. Petition accordingly succeeds, as such, shall stand disposed of along with connected CMP. 8. Copy of the order be sent to the respondents for information. Record as produced by learned counsel for the respondents be returned to him.