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J&K High Court · body

2016 DIGILAW 377 (JK)

Meenakshi Vijay v. State of J&K and ors.

2016-07-20

RAMALINGAM SUDHAKAR

body2016
JUDGMENT Admitted. 1. The respondent No. 2 issued an advertisement notice dated 01.02.2010, whereby three posts of Computer Operators were earmarked for appointment on contractual basis on consolidated pay for a period of one year or till the respective schemes/projects are completed whichever is earlier. It also provides that contractual appointment shall cease immediately on expiry of stipulated period and further extension shall be granted on the basis of requirement and satisfactory performance of the selected candidates. 2. The grievance of the petitioner is that despite having higher qualification, she has not been selected. This Court vide order dated 12.01.2011, has filed the following interim order- “Notice returnable within four weeks. Steps within one week. CMP No. 30/2011 It is contended that petitioner being eligible applied for the post of Computer Operator which came to be advertised by respondent No. 2 and the minimum qualification prescribed for the said post was 10+2. Despite that she has not been allowed to participate in selection process. Notice in the CMP also as aforesaid. In the meantime, respondents are directed to conduct the interview of the petitioner at her own risk and responsibility. However, her result shall not be declared till further orders from this Court. It is further provided that one post of Computer Operator shall be kept reserved.” 3. It is also on record that a legal notice has been issued on 05.01.2011 to the Director Technical Education, J&K Govt. Jammu indicating as to why the case of the petitioner was not considered. In the said notice request has been made to issue call letter for interview and consider her for the post of Computer Operator. 4. In such view of the matter, this controversy can be resolved if the authority concerned is directed to take a final decision on the claim of the petitioner for appointment as Computer Operator, if the Scheme for any reasons is continuing beyond the stipulated period on the basis of advertisement notice dated 01.02.2010. Learned counsel for the petitioner submits that two persons are continuing on the above said posts. This is a matter of fact, which can be looked by the authority concerned himself. 5. In such view of the matter, the respondent No. 2-Director Technical Education, J&K Govt. Learned counsel for the petitioner submits that two persons are continuing on the above said posts. This is a matter of fact, which can be looked by the authority concerned himself. 5. In such view of the matter, the respondent No. 2-Director Technical Education, J&K Govt. Jammu is directed to considered the claim of the petitioner and take a decision within four weeks from the date of receipt of a copy of this order. Disposed of alongwith connected MP.