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2017 DIGILAW 314 (JK)

Rajesh Manhas v. State of J&K

2017-07-14

TASHI RABSTAN

body2017
JUDGMENT : 1. Petitioner participated in the selection process for the post of Assistant Professor in the discipline of Dogri pursuant to advertisement notice issued by the J&K Public Service Commission dated 23.05.2013 which was subsequently superseded by the advertisement notification issued on 29.05.2014. 2. Petitioner, on the basis of his performance in the process of selection has been able to make the grade in selection for the only post of Assistant Professor (Dogri) advertised under ALC category, where after an appointment order has also been issued for the said post vide Government Order No. 227-HE of 2017 dated 18.04.2017. 3. Despite issuance the appointment order, the petitioner was not being permitted to join on the ground that his ALC category certificate has been stayed by the Deputy Commissioner, Jammu. 4. Petitioner accordingly, challenged the aforesaid interim order dated 29.03.2016 passed by the Deputy Commissioner Jammu in OWP No. 561/2017 and this Court vide order dated 15.05.2017, as an ad interim, has stayed the order impugned dated 29.03.2016. 5. Grievance projected by the petitioner in the writ petition is that since the selection/appointment of the petitioner has not been challenged in any proceedings nor the category (ALC) Certificate has been cancelled, therefore, the petitioner cannot be denied permission to join and such joining can be subject to outcome of the writ petition in OWP No. 561/2017. 6. In the writ petition, the petitioner is seeking direction to the respondents to allow him to join against the post of Assistant Professor in the discipline of Dogri, pursuance of the appointment order No. 227-HE of 2017 dated 18.04.2017. 7. On asking of the Court, Mr. Ravinder Gupta, learned AAG, puts in appearance on behalf of the respondents. At this stage Mr. Rahil Raja, learned counsel for the petitioner submits that he would be satisfied in case the petition in hand in disposed of at its threshold with a direction to the respondents to consider and allow the petitioner to join against the post to which he has been appointed vide order No. 227-HE of 2017 dated 18.04.2017. However, joining of the petitioner against the said post shall be at the risk and responsibility of the petitioner without any right flowing in his favour on account of such joining. 8. Disposed of along with connected MPs.