STATE OF J&K Vs. MOHAN LAL

JUDGEMENT

(1.) THIS appeal under clause 12 of the Letters Patent Act is filed against the judgment dated 17.10.2000 passed by learned Single Judge in SWP No. 676/99, whereby State has been directed to determine the posts which would have become available for direct recruitment upto 1996 and in case the entitlement of the direct recruits is found more than the posts already advertised then employment is to be provided to the persons who are found next in the merit list prepared by the Public Service Commission in pursuance to Notification issued in 1995 for holding competitive examination for various gazetted services of the State.

(2.) IN brief the facts are that selection process was initiated by the State Government for filling up 266 vacancies by holding combined competitive examination through Public Service Commission for making appointment to various posts of Kashmir Administrative Service. These vacancies included the vacancies which were to be filled from open Category and also from Reserved category. Preliminary examination was conducted and nearly 3200 candidates qualified in this test. Thereafter, main examination was held from 16th November 1996 to 9th December, 1996 and list of successful candidates was notified on 20th December 1997. The un - successful candidates approached this court in number of writ - petitions. The writ petitions were dismissed on 3.3.1999. Matter was taken in appeal, which too came to be dismissed by LPA Bench of this Court on 22.3.1999. Special Leave Petition No. 5166 - 5167/1999 and special Leave Petition (C) No. 5903 - 5905/1999 too were dismissed by the Apex Court.

(3.) IN the second round of litigation the writ - petitioners, whose names were not in the select list filed SWP No. 676/1999 taking not only the grounds which had been raised in the earlier writ petitions but have also taken another ground which was available to writ - petitioners but was not taken, in the earlier writ petition. The ground taken is that the action of the State Government for referring 266 posts only for being filled by direct recruitment, even when the number of posts for direct recruitment was much more, is totally bad, illegal and arbitrary for the reason that the appointments to various posts in gazetted service of Kashmir Administrative Service has to be made by ratio of 50:50, as prescribed by Government Order No. 1285 - GAD of 1983 dated 20.8.83. It is also stated that contrary to ratio fixed by the Government Order dated 20.8.1983 the Government has promoted departmental candidates in excess of the quota meant for them under various Government orders and while giving go - bye to ratio of 50:50 the Government has for unjustified reasons made promotions from the promotees for in excess of their quota. It is submitted that Government was not competent to do this after having itself reserved a definite percentage to be filled up by direct recruitment, and, therefore, according to writ petitioners all such appointments made in excess of the quota meant for the promotees is illegal, arbitrary and in violation to their legal, statutory and fundamental rights, and thus is required to be quashed. The writ - petitioners further submitted that State be directed to remove the disparity by making appointments from the panel prepared by the Public Service Commission beyond the panel of 266 candidates prepared by it, to the extent of rectifying the imbalance and restoring parity in the ratio of 50:50 as envisaged by Govt. Order No. 1285 - GAD of 1983 dated 20.8.1983 between direct recruitment and promotees.