Jammu & Kashmir High Court
Mohd. Dilshad Talib & Anr vs Union Territory Of J&K & Ors on 3 November, 2021
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 200
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM No. 8417/2021 in
WP(C) No. 2312/2021
Mohd. Dilshad Talib & anr. .... Petitioner/Appellant(s)
Through:- Ms. Monika Kohli, Advocate
V/s
Union Territory of J&K & ors. .....Respondent(s)
Through:- Mr. Ayjaz Lone, Dy.A.G. for
applicants.
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
CM No. 8417/2021 For the reasons stated in the application coupled with the submissions made at Bar, the same is allowed and the date fixed in the main case is preponed for today.
This application is disposed of as such.
CM No. 8418/2021 Applicants in the present application seek modification of the interim order dated 27.10.2021 vide which the Advanced Notice dated 07.10.2021 has been stayed.
Mr. Lone, learned Dy.A.G. submits that the Service Selection Board had advertised the posts for Motor Vehicle Inspector and Sub- Motor Vehicle Inspector vide notification No. 04 of 2020 and qualification prescribed for the said posts was in terms of the indent receiving from the Indenting Department.
2 WP(C) No. 2312/2021
This advertisement notice has been questioned in the present writ petition on the ground that the same is not in accordance with the prescribed qualification in terms of the Motor Vehicles Act.
Reliance was placed on order passed in WP(C) No. 28/2021 vide which the respondents were directed not to finalize the selection.
The respondents vide Advance notice had notified the Computer based written test (CBT) for the post of Assistant Motor Vehicle Inspector and Sub-Motor Vehicle Inspector on 08.11.2021 and vide order dated 27.10.2021, notice dated 07.10.2021 was stayed.
Mr. Lone submits that the Service Selection Board has made extensive and elaborate arrangements for conducting the Computer based written test (CBT) for the post of Assistant Motor Vehicle Inspector and Sub-Motor Vehicle Inspector on 08.11.2021 as the same has been made by booking various IT Labs, Setting question papers, deploying man power like Centre Observers Magistrates, District Observers, besides taking other measures like deployment of Security/Police for ensuring fair and transparent conduct of Computer based written test. If the interim order is not modified, it would create difficulty as the preparation in conducting the examination in large scale would come to a halt and all the candidates, who have to appear in the same, would suffer.
Ms. Monika Kohli, petitioners' counsel, opposes the same. In view of the aforesaid submission and keeping in view the interest of the candidates as well as public, the interim order dated 27.10.2021 is modified. The respondents may conduct the Computer based written test (CBT) for the post of Assistant Motor Vehicle Inspector and Sub-Motor 3 WP(C) No. 2312/2021 Vehicle Inspector to be held on 08.11.2021 in terms of Advance notice dated 07.10.2021 for the Item Nos. 86, 88, 89, 90, 92, 93 and 94 also. However, they shall not declare the result for the same without prior permission of this Court.
This application is disposed of as such.
List the main petition on 08.12.2021.
(Sindhu Sharma) Judge JAMMU 03.11.2021 RAM MURTI RAM MURTI 2021.11.03 16:50 I attest to the accuracy and integrity of this document