Jammu & Kashmir High Court - Srinagar Bench
Audil Bashir Wani vs J&K Public Service Commission And ... on 9 October, 2020
Bench: Chief Justice, Puneet Gupta
S. No. 208
Advance List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
LPA No. 229/2019
(Through Video Conferencing)
Audil Bashir Wani
.... Appellant
Through: Mr. M. Y. Bhat, Advocate.
v.
J&K Public Service Commission and others
.... Respondents
Through: Mr. Asif Maqbool, Dy. A. G. for R-3.
None for rest of the Respondents.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
09.10.2020
1. By way of the instant Letters Patent Appeal, the appellant has assailed the order dated 04.06.2019 passed by the learned Single Judge rejecting the application [CM No. 3764/2019] filed in OWP No. 1562/2018 titled Syed Mohsin Saif v. J&K PSC and others.
2. It is seen from the record of the case that by way of writ petition being OWP No. 1562/2018, the respondent nos. 4 to 11 in the instant appeal, had challenged the selection process and the select list issued by the Public Service Commission for the posts of Assistant Professors in the Information Technology conducted pursuant to Advertisement Notification of 2014. The appellant has contended that his name figures in the select list as a candidate who has been selected on merit. The private respondents did not implead the appellant as a party. The appellant has pointed out that because of interim SYED TASADUQ QADRI 2020.10.12 11:16 I attest to the accuracy and integrity of this document order dated 24.08.2018 passed in OWP No. 1562/2018, the appointment orders has not been issued.
3. Learned counsel for the appellant has drawn our attention to the order dated 24th of August, 2018 whereby the respondents were directed to provide fresh application forms to the writ petitioners and to conduct their interview for the posts of Assistant Professor (Information Technology).
4. It appears that the writ petitioners had not applied pursuant to the advertisement but only after the passing of the interim order dated 24 th of August, 2018. As against this, the appellant who had participated in the selection process and made the grade was selected pursuant to the advertisement which had been issued.
5. In this background it cannot be held that the appellant is not a necessary party to the writ petition. In case the writ Court directs the selection of the writ petitioners pursuant to their participation in the selection process under interim orders passed by the Court, the rights of the appellant would get effected.
6. In view thereof, we are of the view that it would be futile to keep this appeal pending on board and interest of justice would be met if we direct impleadment of the appellant as party-respondent in the writ petition.
7. In view of the above, order dated 04th of June, 2019 passed din CM No. 3764/2019 filed in OWP No. 1562/2018 is set aside.
8. The appellant before us is permitted to be impleaded as party- respondent in the writ petition [OWP No. 1562/2018]. Amended memo of parties shall be filed by the appellant before us within one week from today. The newly added respondent (appellant before us) shall file the reply to the writ petition within three weeks from today with advance copy to learned counsel for the writ petitioners. The writ petitioners shall be at liberty to file the rejoinder, if any, thereto before the next date of hearing fixed in the writ petition. We are informed that the writ petition is listed for consideration on 09th of November, 2020 SYED TASADUQ QADRI 2020.10.12 11:16 I attest to the accuracy and integrity of this document
9. The learned Single Judge shall therefore consider and dispose of the writ petition as expeditiously as possible in any case within two months from the date after its listing before the learned Single Judge.
10. This Letters Patent Appeal and pending application is allowed in the above terms.
(PUNEET GUPTA) (GITA MITTAL)
JUDGE CHIEF JUSTICE
SRINAGAR
09.10.2020
TASADUQ
SAB:
SYED TASADUQ QADRI
2020.10.12 11:16
I attest to the accuracy and
integrity of this document