ANKUSH KOHLI Vs. STATE

JUDGEMENT

(1.) CLAIMING to be an outstanding person for having participated in International and National Sports Events in the Roller Skating and Roller Hockey, the petitioner seeks his appointment in the category of outstanding sports person under Jammu and Kashmir (Appointment of outstanding sports person) Rule, 1998. The aforesaid rules contemplate appointment of persons in the category of sports persons to be appointed against any vacancy in the state of Jammu and Kashmir. Petitioner claims that having been recommended for appointment as Assistant Manager, he has been offered the post of Receptionist in the Hospitality and Protocol Department of which he is aggrieved and challenge the same in the present writ petition.

(2.) AFTER hearing the learned counsel for the parties, it transpires that petitioner was recommended for the post of Assistant Manager in Hospitality and Protocol Department by the committee constituted under the aforesaid Rules headed by the Chief Secretary. This recommendation was made by the committee after satisfying itself that the petitioner was an outstanding sports person as defined in the definition clause of the aforesaid rules. The appointment of the petitioner against the post of Assistant Manager could not fructify as a consequence of which Government Order No. 157 -GAD of 2005 dated 4 -2 -2005 appointing the petitioner as Receptionist in Hospital and Protocol Department in the pay scale of Rs. 4000 -6000 against the available vacancy was issued. There is no dispute as contended by the petitioner that his case was recommended by the committee for being appointed as Assistant Manager.

(3.) THE respondents on the other hand, admit this position that the case of petitioner was recommended by the committee for the post of Assistant Manager in the Resident Commissioners Office, New Delhi. After the said recommendation, the matter was taken up with the Hospitality and Protocol Department for identification of the post. The information supplied by the department vide its communication dated 9 -11 -2003 indicated that there was no post of Assistant Manager available. The post of Receptionist was however available in the Hospitality and Protocol Department. This fact was placed before the committee vide decision dated 3 -6 -2004 that due to non -availability of post of Assistant Manager, the petitioner be considered for appointment as Receptionist in the Tourism Department. It is further averred that two more candidates namely Ankush Soni and Tejinder Pal Singh having qualification of B.Com, Post Graduation Diploma in Business Management and Diploma in Hotel Management and Degree in Hotel Management and Diploma in Computer Application respectively have been appointed as Receptionist in the Tourism Department. The petitioner can be adjusted against the post of Receptionist as he was Degree holder in Hotel Management, whereas Tejinder Pal Singh was a Degree holder in addition to Diploma in Computer Application.