RAKESH KUMAR Vs. DINESH SHARMA

JUDGEMENT

(1.) WE have heard Mr. D.C. Raina, learned senior Advocate, along with Mr. Mohd. Farooq, as well as Mr. S.S. Ahmed, learned counsel for the respondents, and also perused the record of the file meticulously.

(2.) THIS appeal is directed against the judgment and order dated 30th April 2004 passed by the learned Single Judge in SWP No. 2319/2001, entitled Dinesh Sharma and others v. The State of Jammu and Kashmir; and SWP No. 2029/2000, entitled Altaf Hussain Butt v. The State of Jammu and Kashmir and others, whereby the appointments of the private -respondents in both the writ petitions, having been made in violation of Articles 14 and 16 of the Constitution of India, were quashed by issuing a writ of certiorari; with further direction to the official -respondents that the posts of class -IV employees be filled up in accordance with rules and procedure.

(3.) FACTS of the case, in brief, may be noticed. The case of the petitioners before the writ Court was that the official -respondent, Dr. M.P. Gupta, former Director, Health Services, issued appointment orders for Class -IV posts in the Department of Health and Family Welfare on the direction and at the instance of the then Minister of State for Health and Family Welfare, Pt. Govind Ram Sharma. It is further indicated by the petitioners that before making the appointments, no advertisement notice was issued nor applications were invited, so as to afford an opportunity to all eligible persons of competition for the posts in question. That the entire recruitment process was tainted with mala fides and violated the fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India in having been denied equal opportunity of consideration for selection. Further case of the petitioners was that the appointments of all the private -respondents were back door appointments, in respect of which a case was also registered with the Vigilance Organization, which also found, during investigation, that Dr. M.P. Gupta, the then Director, Health Services (official -respondent), in connivance with others, made appointments to Class -IV posts and abused his official position. The appointment orders were issued in utter violation of Government Order No. 1786 -GAD of 1997, which provides that recruitment to Class -IV posts in the Department, shall be made in accordance with rules and procedure by the concerned Head of the Departments. The only plea taken by the respondents orally during arguments was that as the private -respondents have been working in the Department since long after their appointments, the case of the respondents be considered on humanitarian grounds and given a sympathetic consideration. This plea, however, did not merit acceptance with the learned Single Judge, who found the appointments of all the private -respondents in both the writ petitions, to public posts of Class -IV employees in the Health and Medical Department not in accordance with rules and procedure, and quashed the appointments by the impugned judgment and order, which became the subject matter of challenge by the private -respondents in this appeal.