GAGAN PRATAP SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONERS have filed this writ petition seeking quashing of Notification no. 7 PSC of 2003 of June 27, 2003 in so far as it invites eligible candidates for selection against the posts of Lecturer Grade -I Travel and Tourism (Non -Engineering) in the Higher and Technical Education Department.

(2.) THE grievance of the petitioners, in a nut -shell, is that the posts required to be filled up by promotion by the respondents, had been diverted to be filled up by direct recruitment, which course, according to them was impermissible, in that, it would prejudice the petitioners who are stated to have been engaged, on contractual basis, for serving in the Government Polytechnic College. It is additionally pleaded by the petitioners that the Jammu and Kashmir Technical (Gazetted) Service Recruitment Rules, 2002 were likely to be enforced and in such an event, they would become entitled to compete for the posts against the direct recruitment quota; the qualifications prescribed in the notification impugned in the writ petition for the diverted direct recruitment posts, being different from those prescribed under the rules, would render the impugned notification unsustainable.

(3.) PETITIONERS learned counsel Mr. Sethi submits that the qualifications for the posts required to be filled up by the State Government, are in law, required to be prescribed by the State Government, the employer, and the qualification prescribed in the impugned notification, by the Public Service Commission, the Selection Authority, was an unwarranted act of the Commission which renders the impugned notification invalid. He therefore seeks quashing of the notification.