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2017 DIGILAW 303 (JK)

Manoj Kumar v. Union of India

2017-07-10

SANJEEV KUMAR

body2017
JUDGMENT : 1. With the consent of the parties, the matter is admitted to hearing and taken up for final disposal. 2. The short grievance projected by the petitioner in this case is that pursuant to Advertisement Notice issued by respondent No. 3, applications were invited for the post of driver in the Department of Information and Broadcasting Jammu Region. Petitioner’s name was sponsored by the Employment Exchange of J&K. The petitioner claims that he has participated in the above said selection process but the selection has not been finalized even after the lapse of more than five years. The petitioner also claims to have sought the information by making an application under Right to information Act and in response thereto, respondents have intimated that the selection process initiated for the post of Driver could not be taken to its logical conclusion due to administrative and technical reason. This information was conveyed to the petitioner by the Directorate of Field Publicity, Ministry of Information & Broadcasting Regional Office (J&K), Jammu vide communication No. RTI/Act-2005/Admn.234 dated 17.04.2015. Even after the issuance of aforesaid communication, two more years have elapsed and the grievance of the petitioner is neither redressed nor the reason for not completing the selection process has been communicated so far. 3. Be that as it may, keeping in view the controversy and the fact that the respondents vide communication dated 17.04.2015, the selection process could not be finalized due to administrative and technical reasons, this petition is disposed of by directing the respondents to take a final call in the matter and to resolve the administrative or technical difficulty, if any, faced by them in completing the process and in case it is not possible to do so, they will pass appropriate orders intimating the petitioner about such orders. Needless to say that nothing prevents the respondents to withdraw from the selection process provided there are cogent reasons which of course, should be in consonance with the principle of reasonableness engrained in Article 14 of the Constitution of India. Respondents to consider the case of the petitioner in the light of the observations made hereinabove within a period of four weeks from the date of receipt of copy of this judgment. 4. The writ petition is disposed of as above along with connected MPs.