Srinagar- The High Court of J&K and Ladakh on Wednesday barred the government from carrying out any selection or appointment to the post of Draftsman until it frames rules regarding the same to settle the controversy surrounding it “once and for all”.
“The official respondents No 1 & 2 (UT through Public Works R &B Department & Principal Secretary to government Jal Shakti Department) are directed to constitute a team of experts for examining the minimum qualification prescribed for the post of draftsman in terms of Recruitment Rules of 1997, with respect to its term and field of diploma of the candidates, in its right perspective,” a division bench of Justice Rajnesh Oswal and Justice Moksha Khajuria Kazmi said while referring to sayings by Lord Denning that the Rule needs to be interpreted with its legal language and understanding of the intention of the Rule making authority.
“The committee to be constituted by respondent no. 1 & 2 are also directed to examine and clarify the intent of the Rule making authority in inclusion of three-year diploma holders for the 10% quota prescribed for the post of Junior Engineers Grade II as per Recruitment Rules of 1997.”
The court also directed the Committee to submit its recommendations after obtaining consensus of the experts to the Government within a period of one month from the date of passing of this order. “The Government is directed to take a final decision in terms of Rule 13 of the Recruitment Rules of 1997 (Jammu and Kashmir Engineering Subordinate Service, Recruitment Rules,
1997), to settle the controversy once and for all, within a period of one month thereafter,” the court said, adding, “However, it is made clear that till the final decision of the Government, in compliance to the observations made above is taken, no selection/appointment to the post of Draftsman shall be carried out by the respondents (authorities).”
The court passed the directions while “not interfering” with a judgment and order passed by the Central Administrative Tribunal on 30 June 2022, dismissing the plea against the selections made by the JKSSB following an advertisement notification (bearing No. 05 of 2020 dated 24th October, 2020), for filling up 34 posts of Draftsman (Civil), PWD (R&B) UT Cadre.
“Since it’s an admitted fact that respondents have been appointed and are discharging their duties from last two years, against the post of Draftsman on the basis of minimum qualification interpreted by respondents as Two years draftsman certificate / two years diploma in draftsman from Government recognised Institute and two petitioners in the instant petition have also been selected on the basis of same minimum qualification,” the court said, adding, “therefore, it will not be proper to quash the selection / appointment of the candidates for no fault on their part. To this extent we are not interfering with the impugned order.”
In terms of the eligibility criterion, the candidate had to possess 2 years Draftsman Training Course Certificate and Diploma in Civil Engineering from Govt. recognized Institute. The advertisement was followed by a corrigendum dated 11 January 2021 whereby the eligibility criterion was modified and the word “Civil” appearing in the earlier eligibility criteria was removed.
“In the instant petition the question before us is the intent of Rule making authority and interpretation of the Rules which prescribes the qualification for the post of Draftsman as mentioned in the Jammu and Kashmir Engineering Subordinate Service Recruitment Rules, 1997,” the court said.
It has been held that only a certificate and diploma of two years in draftsmanship are acceptable and no other diploma in any other discipline can be accepted for the post.
“The Tribunal has also relied upon the letters dated 22-03-2012 and 04-06-2012, which had categorically clarified that diploma in Civil Engineering, is not the prescribed qualification for the post of draftsman as per the Recruitment Rules issued vide SRO 180 of 1997 dated 26-05-1997.”
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