RAJ DULARI RAZDAN Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application for an appropriate writ seeking to quash Government Order No. 643 -HTE dated 25 -7 -69 by which respondents 1 to 46 and others have been promoted as professors in supersession of the petitioners who were senior and more qualified than most of the respondents. The petition seeks to challenge the Government Order further on the ground that it violates the provisions of Rule 26 of the Jammu and Kashmir CSR as interpreted by a Full Bench of this Court in Lalchand Pargals case. The order has been impugned also on the ground that it violates Art. 16 of the Constitution of India inasmuch as the cases of the petitioners who were senior to the respondents were not duly considered by the Government.

(2.) THE facts giving rise to this petition may be summarized as follows. It appears that in various departments of the colleges of the Government a large number of vacancies of Professors arose and the Government decided to appoint suitable lecturers as Professors in the various departments. By virtue of Notification SRO -161 dated 26 -4 -68 the Governor made the Jammu and Kashmir Civil Service (Revised pay) Amendment Rules of 1968 laying down the emoluments and salaries of Professors. Again by virtue of Notification SRO -161 dated 25 -3 -1969 the Governor was pleased to make rules specifically for the appointment of Professors and these rules were called the Jammu and Kashmir {Professors of Colleges) Selection Rules 1969. By virtue of these rules the posts of Professors were declared to be selection posts and appointment to these posts were to be made by the com ­petent authority from amongst the persons borne on the cadre of permanent lecturers with a Masters degree. Other provisions of the rules laid down that only those lecturers would be considered for promotion who had put in a minimum service of five years in the education department. Finally the rules provided that selection was to be made on the basis of merit, efficiency and integrity. Thereafter there were other rules and notifications specifying the number of posts which were to be filled up -a matter with which we are not concerned. The Government before appointing the professors chose to consult the State Public Service Commission (hereinafter to be referred to as the Com ­mission) under S. 133 of the State Constitution and referred the matter to it. The Commission appointed a Selection Com ­mittee (hereinafter to be referred to as the Committee) consisting of Mr. Ghulam Mohd. Chiken (a member of the Commission.) as Chairman, Shri Noor -ud -din Director of Education, Miss Mahmuda Ahmad All Shah, Principal Government College for Women and Mrs. S. Z. Ahmad Joint Director, Womens Educa ­tion as members of the Committee. The Committee co -opted some experts to advise it and after making the selection submitted a report to the Commission. The Commission agreeing with the report of the Committee recommended to the Government that the respondents and others who were recommended by the Committee be appointed as Professors. The Government accepted the recommendation of the Commission and passed the impugn ­ed order (Supra) appointing respondents and others as Professors in supersession of the claims of the petitioners.

(3.) THE learned counsel appearing for the petitioners has made the following submissions: -