SrinagarThe Jammu and Kashmir High Court on Saturday issued a notice to Service Selection Board and Director Information on a contempt petition with regard to non-compliance of directions on selection of 29 Information Officers.
A division bench of Justice Muhammad Yaqoob Mir and Ali Muhammad Magrey sought the response from SSB Chairman and the Director Information Department within two weeks.
The contempt petition has been filed by the aggrieved candidates through their lawyer advocate Muhammad Ashraf Wani.
In February this year, the Supreme Court upheld J&K High Court ruling, declaring as invalid the provisional selection of 29 AIOs by the SSB. The court had directed the recruiting agency to proceed with the selection process afresh in conformity with the rules.
When the provisional selection list offends the rules, then to continue with the process shall not be permissible because process initiated is a base for follow up, when base is shaken, follow up shall be in-consequential, the high court had said.
The court had also directed the recruiting agency to finalise the process of selection with promptitude of the eligible candidates who have applied in response to three the advertisement notices.
The court had asked the SSB to first to constitute the committees as required in terms of law (Rule 6(4) of the Rules of 2010) and fix the criteria in tune with Rule 14 of the Rules of 2010.
The board had issued three different notifications in 2006, 2008 and 2010, inviting application for the posts of Assistant Information Officer Grade-II. Subsequently, the SSB issued a provisional selection list on 21 January 2012. However, some aggrieved candidates moved the high court.
Upholding the conclusion drawn by single judge, the division bench had rejected the contentions that prejudice was caused to the petitioners (selected candidates) as they too have been awarded highest marks in viva-voce. Question is that when law provides for doing a particular thing in a particular manner, same cannot be permitted to be violated. The Committee constituted for the selection is not in conformity with the Rules of 2010. When constitution of the Committee and the criteria fixed violates the rules, any selection based on such criteria has to collapse.
Upholding the conclusion drawn by single judge, the division bench of the high court had rejected the contentions that prejudice was caused to the petitioners (selected candidates) as they too have been awarded highest marks in viva-voce. Question is that when law provides for doing a particular thing in a particular manner, same cannot be permitted to be violated. The Committee constituted for the selection is not in conformity with the Rules of 2010. When constitution of the Committee and the criteria fixed violates the rules, any selection based on such criteria has to collapse.
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