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J&K High Court · body

2017 DIGILAW 105 (JK)

Showkat Ahmad Shah v. State

2017-03-02

MOHAMMAD YAQOOB MIR

body2017
Judgment (Oral) 1) Vide notification No.PSC/EXM/2013/80 dated 10.09.2013, applications were invited for filling up 28 posts of Assistant Director (Statistics) with the following break-up : OM RBA SC ST LAC OSC Total 15 06 02 03 01 01 28 2) The petitioners who are presently working as Statistical Officers in the respondent department have filed the instant petition with the following prayer: a. By way of writ of Mandamus, Jammu and Kashmir Economic and Statistical (Gazetted) Service Recruitment Rules of 1992 as notified vide SRO 209 of 1992 to the extent it provides the method of recruitment for the post of Assistant Director as 50% by direct recruitment and 50% by promotion be declared as ultra vires to the Constitution. b. By way of writ of Certiorari, the communication whereby the 28 number of posts of Assistant Directors have been referred to respondent No.4 by respondent No.2 which has resulted in issuance of notification bearing No.PSC/EXM/2013/80 dated 10.09.2013 be quashed. c. By way of writ of Certiorari, the notification bearing No.PSX/EXM/2013/80 dated 10-09-2013 be quashed. d. By way of writ of Mandamus, the respondents be directed to amend the Jammu and Kashmir Economic and Statistical (Gazetted) Service Recruitment Rules of 1992 as notified vide SRO 209 of 1992 to the extent it provides for the mode of recruitment as against the post of Assistant Directors by incorporating in the method of recruitment the post be filled in the ratio of 75:25 (75 by promotion and 25 by direct quota) and thereto consider the petitioners for promotion against the post of Assistant Directors.” 3) The first plank of argument of the learned counsel for the petitioners is that as per Schedule-II appended to the Jammu and Kashmir Economic and Statistical (Gazetted) Service Recruitment Rules, 1992 (hereinafter referred to as the Rules of 1992), the posts of Assistant Directors are to be filled up 50% by direct recruitment and 50% by promotion from Class-I of J&K Economics and Statistics (Subordinate) Service having at least three years service as such and have passed the Departmental Statistical Officers Training Course Examination. The grievance as projected by the petitioners is that the direct quota has already been exceeded, now these 28 posts, which are sought to be filled up, will directly affect the promotional quota. The grievance as projected by the petitioners is that the direct quota has already been exceeded, now these 28 posts, which are sought to be filled up, will directly affect the promotional quota. 4) Learned counsel for the petitioners was not himself clear as to what is the total strength of the posts of Assistant Directors, however, learned AAG, Mr. Dar, has stated that the total strength of the posts of Assistant Directors in the department is 256, out of which share of direct quota is 128 and out of these 128 posts, 92 Assistant Directors from direct quota are in position, so 36 posts are unfilled whereas the process has been initiated for filling up only 28 posts. In this connection a declaration has been sent to the Public Service Commission wherein following certificate has been appended: “It is certified that all vacancies to date which fall within the recruitment quota have been included in this requisition and that number of vacancies reserved for Schedule Caste and others mentioned in column (4) above is in accordance with the reservation quota fixed by the Government for this community. It is further certified that no vacancy has been diverted from the promotion quota.” 5) The apprehension of the petitioner that the quota will be exceeded, same can be taken care of by directing the respondents that they shall not, in any manner, exceed the quota. 6) The petitioners claim to be eligible for promotion. It is for the respondent department to ascertain that if any post from promotion quota is available, then the process for promotion be initiated and all eligible candidates shall be considered. 7) Confronted with the afore-stated position, learned counsel for the petitioners tried to project that basically rules are required to be amended and the method of recruitment shall be changed so that 75% of the total strength goes to promotion quota and 25% to the direct quota. 8) The rules have been notified vide SRO 209 of 1992 and those have been in vogue till date, means over a period of more than two decades, these rules have not been challenged nor any solid foundation has been laid in the writ petition which would warrant issuance of a direction for amendment of the rules. 9) The process of selection has been un-necessarily stalled. 9) The process of selection has been un-necessarily stalled. The apprehension of the petitioners that the direct quota will be exceeded to the disadvantage of the promotional quota is dispelled by the statement made by the learned AAG. Now they cannot afford to exceed the quota and in case at any point of time they will do so, that shall be at their peril. It is expected that the respondents will never do that, that too in light of a declaration made by them while referring the posts to Public Service Commission. 10) Viewed thus, there is no merit in the petition, which is, accordingly dismissed along with connected CMP. Interim direction dated 02.04.2014, as extended from time to time, shall cease to be in operation.