HAROON RASHID BEG Vs. STATE

JUDGEMENT

(1.) This petition is filed with the prayer that the respondents be directed to engage the petitioner as Technical Assistant under MGNREGA. Learned counsel for the petitioner submitted that one Tanveer Ahmed Sheikh, Irfan Hussain and Aadil Hussain Lone have been engaged as Technical Assistants. Learned counsel submitted that MGNREGA is a Scheme sponsored by Central Government and different positions and vacancies available under the said Scheme are filled up by the respondents without following any norm or procedure. Learned counsel submitted that the petitioner is having Diploma in Civil Engineering from Government Polytechnic College, Jammu. Learned counsel further submitted that the post of Technical Assistant is equivalent to the post of Junior Engineer.

(2.) MGNREGA Scheme as already stated is said to be the Scheme floated by Central Government. Any vacancy/position at any level available with the respondents under the Scheme would require to be filled up in a manner, which would conform to the constitutional mandate contained in Article 14 and 16 of the Constitution of India. The respondents while taking a decision to fill any of the posts/positions/vacancies are duty bound to make the engagement in a manner which should enable all the eligible candidates to stake their claim for such engagement/appointment. The mandate contained in Article 14 and 16 would be applicable even when the respondents would engage persons on temporary/ need basis. The vacancies/posts whether temporary or permanent with the respondents are public property and they cannot be permitted to filled up in a manner which will be an offence to constitutional provisions. The vacancies even on temporary and on need basis cannot be filled up without following the mandate contained in Article 14 and 16 of Constitution of India. The respondents shall have to evolve a procedure for making engagements even on temporary or on need basis, which will synchronize with the constitutional mandate. In most cases persons engaged even on temporary and need basis after sometime are made permanent employees.

(3.) This petition is disposed of and respondents are directed to evolve and follow the procedure, which should be in tune with the constitutional mandate contained in Article 14 and 16 of the Constitution of India, to supply any vacancy or position even on temporary/need basis in MGNREGA. All eligible candidates shall be notified and given an opportunity to compete and all selection/engagement shall be made on the basis of merit and suitability. Registry to serve copy of this order on Chief Secretary of the State, who will ensure compliance of same.