SONAULLAH PARRAY Vs. STATE OF J&K

JUDGEMENT

(1.) INITIALLY this writ petition has been preferred by the petitioners 1 to 4 in the year 1987, upon which the following order was passed by the Court on 26.6.1987: - "Issue notice of show cause to the respondents as to why the petition be not admitted. Notice be made returnable within three weeks. Issue notice in the CMP also, returnable within the same period. Till then no fresh advertisement for the posts of Lecturers in Persian shall be made to the deteriment of the petitioners." Subsequently, petitioner No. 5, upon CMP No. 205/88, was added as a party to the petition vide order dated 15.4.1988. After the matter was part -heard by this Bench on 30.9.92 upon CMP No. 2737/93, petitioners Mohd Abdullah Ganai and Mohd Latif were also added as petitioners in the petition, vide court order dt.7.3.1994.

(2.) BRIEFLY stated the writ petition reads that some posts of Lecturers in various Higher Secondary Schools of the State fell vacant in different subjects and in that regard the respondent -State vide his letter No. Edu/Lect/85/77 dated 28.11.1985 apprised the respondent No. 2 i.e. Public Service Commission about the availability of vacancies in various subjects, which enabled the respondent No. 2 to invite the applications by advertisement for the appointment of Lecturers under direct recruitment quota of vacancies. After advertising the posts for various subjects, including Persian, the petitioners also applied for the same and interview in this behalf was held on 12.7.1986. A list of approved candidates was drawn and prepared by the respondent -commission on 21.7.1986, wherein 13 candidates including the petitioners, were shown to have qualified in the said interview. The respondent No. 2 as per the exigencies of the time referred first two names out of the said list of selected candidates in Persian subject to the respondent No.1, who, while accepting the recommendations of respondent No.2, appointed M/S Abdul Rashid Khan and Ali Mohd Shah to the posts of Lecturers in Persian vide Govt. Order No. 471 -GR/Edn of 1986 dt.11.8.1986 and No.915 -Edn of 1986 dated 5.12.1986, respectively. It is further contended that so many posts of Lecturers in Persian subject are lying vacant in various schools of the State and respondent No. 2 has been asked by respondent No.1 to forward list of approved candidates to make necessary recommendations for appointment to the posts of lecturers in Persian, but respondent No. 2 has not complied with the said demand of respondent No.1 so far. This in -action on the part of the respondent No. 2 by not making necessary recommendation to the respondent No.1 for appointment to the post of Lecturer in Persian directly affected promotional prospects and service career of the petitioners. The petitioners, according to them, are in their forties, as such the inaction on the part of respondent No. 2 or any delay on this count, squarely affects the limited service career of the petitioners. The petitioners are teachers and as such are unable to have any access to the Government records, especially the record of respondent No.2, but all the same the petitioners have good -luck of having a copy of D.O. addressed by the respondent No.1 to the respondent No. 2 vide formerâ„¢s No Edu/Lect/HSS/ 85/77 dated 1.10.1986, wherein the respondent No.1 makes a complaint that the recommendation to the post of Lecturers have not been forwarded by the respondent No.2, despite reminders issued in this behalf. In this regard the relevant portion contained in Annexure P -l attached with the file, reads as under: - "The recommendations with regard to the following subjects have not been received yet. Ever since the requisition was made, some more vacancies have occured due to upgradation of High Schools to Higher Secondary Schools level. We will therefore, be requiring a panel as in column 3 of the statement below: - Subject Original requirement Revised requirement Waiting List Female Male Female Male Female Male 5. Persian - 1 - 6 - 4

(3.) THE revised requirement takes into account the likely expansion for a year more."