SRINAGAR – The J&K administration’s decision to reconstitute the Public Service Commission (PSC) has been challenged by an education trust before the Division Bench of High Court on the grounds that it violates the section 93 of J&K Re-organisation Act-2019.
Moulana Azad Educational Trusty General Secretary Shahid Rashid through Advocate Manzoor Ahmad Ganai while challenging the General Administration Department’s (GAD) order No 59/2019-1 dated 21-11-2019 for reconstitution of the Commission has prayed before to the court to stay the operation of the same order pending disposal of the writ petition and quashing the same by issuing an appropriate order of directions.
The petitioner has also appealed before the court to direct the respondents not to please any impediment in the functioning of the J&K Public Service Commission.
“The impugned order/ communication issued by incompetent authority is ultra-varies of the J&K Re-organisation Act-2019 as section 93 of the said act clearly protects the existing public service commission, which includes its chairman and members. Therefore on this count also the impugned communication/order needs to be quashed,” the petitioners prayed before the court.
“That in the present case, the section 103 of the Principle Act (J&K Re-organisation Act) 2019 has been observed in breach and as in terms of the said provision it is only the president, who can issue an order or do anything. But there is also a condition that no order can be issued which will be inconsistent with such provisions. In the present case, it is manifest that the order impugned is without jurisdiction as the GAD of J&K has no powers under the Act to such orders under the garb of section 16 of J&K Re-organisation (Removal of Difficulties) order 2019 notified vide S. No 9313 (E) dated 30 October 2019,” they further prayed while seeking immediate quashing of the order.
The petition has been file before the double bench of the High Court consisting Chief Justice of J&K High Court Justice Gitta Mittal and Justice Sindhu Sharma. The court has issued a notice to the government asking it to file the objections on next date of hearing on January 29.