MASOOD KARIM Vs. CONVENOR, STATE RECRUITMENT BOARD

JUDGEMENT

(1.) IN this writ petition the petitioners who are working as Assistant Extension Officers in the Department of Industries and Commerce, J&K Government have challenged the appointment of respondents 3 to 8 as Extension Officers.

(2.) THE averments made in the petition are that the petitioners were appointed as Assistant Extension Officers in the pay scale of Rs. 200 -520 by virtue of an order of the Government dated 5 -5 -1973. They have also completed their probation period The first respondent herein, who is the Convenor of the State Recruitment Board, issued an advertisement in the Government Gazette dated April 11, 1974 inviting applications for various posts mentioned in the Advertisement. As the only post which was included in this advertisement and which was superior to the posts held by the petitioners was that of an Economic Investigator and as the petitioners were not qualified for the post, they did not apply for appointment to the post Economic Investigator. The advertisement did not include the posts of Extension Officers for which the petitioners were eligible for appointment. Therefore, they did not apply for appointment to the post of Extension Officers.

(3.) BUT inspite of the fact that no applications were called for in the said advertisement for appointment to the post of Extension Officer, Respondent No. 1, selected Respondents 3 to 8 for appointment as Extension Officers and in pursuance of the said selection Respondent No. 2, who is the Director of Industries and Commerce appointed Respondents No. 3 to 8 as Extension Officers by his order dated 31 -10 -1974. The said order of appointment was illegal because (i) the Respondent No. 1 did not issue an advertisement calling for applications for appointment to the post of Extension Officers (ii) the petitioners who were qualified for appointment as Extension Officers could not therefore, apply for appointment to the said post; and (iii) that the case of the petitioners was not even otherwise considered by Respondents 1 and 2 for appointment as Extension Officers.