Jammu & Kashmir High Court - Srinagar Bench
Dr. Rafi Ramzan Dar & Ors vs Union Territory Of Jk & Ors on 8 May, 2023
Bench: Chief Justice, Moksha Khajuria Kazmi
Sr. No. 2 & 3
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 1008/2023 c/w
WP (C) No. 1009/2023
Dr. Rafi Ramzan Dar & Ors. ...Petitioner(s)/Appellant(s)
Through: Mr. Arif Sikander Mir, Adv. [WP (C) Nos. 1008/2023 & 1009/2023]
Vs.
Union Territory of JK & Ors. ...Respondent(s)
Through: Mr. D. C. Raina, AG with Mr. Fahim Shah, GA for 1.
Mr. Shah Aamir, Adv. for 2 and 3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
08.05.2023
1. Heard learned counsel for the parties.
2. The writ petition WP (C) No. 1008/2023 has been filed against the interim order dated 8th February 2023 passed by the Central Administrative Tribunal, Bench Srinagar in OA No. 89/2023 whereby the Tribunal has held as under:-
"Learned counsel for the applicant submits that the process of selection with regard to the post advertised by the PSC is likely to come to an end and the respondents in the mid-way have withdrawn the posts on the pre-text of amending the rules. Issue notice. Mr. Shah Aamir, learned counsel accepts notice for the respondents. He seeks and is granted 6 weeks' time to file reply. List on 24.3.2023.
The claim of the applicant shall be subject to the final outcome of the OA.
MA for joint petition is allowed."
3. The writ petition WP (C) No. 1009/2023 is filed against the interim order dated 25th April 2023 passed by the learned Central Administrative Tribunal, Bench Srinagar in OA No. 292/2023 whereby the Tribunal has passed the following order:-
"1. Heard. By way of Original Application, applicants have challenged notification dated 01.03.2023 whereby the respondents have invited application for filling-up of the post of Assistant Professor/Physical Training Instructor in various discipline. Learned counsel for applicant submits that earlier the respondents WP (C) Nos. 1008/2023 & 1009/2023 Page 1 of 3 have issued advertisement dated 03.09.2021 and the applicants had applied in pursuant to the same and they found success, as their names were part of the final select list, in fact medical and other formalities were also completed, but just before issuance of appointment letter, the said advertisement was withdrawn and fresh advertisement was issued. Learned counsel for applicant relied upon the judgment of Apex Court in the case of East Coast Railway & another vs. Mahadev Appa Rao & Ors. (2010) 7 SCC 678 to submits that decision of the respondents is liable to judicial review, even when applicants do not have an indefeasible right to selection. He submits that respondents have no right to change the selection procedure after completion of formalities.
2. Learned counsel Mr. Ali appears on behalf of respondent no. 1 and learned counsel Mr. S. Aamir appears on behalf of respondent no. 2 & 3 and submitted that it is prerogative of the government to withdraw the notification, as final offer of appointment was yet to be issued. It is submitted that they were forced to withdraw the notification as decision was taken to change the recruitment/selection criteria, in order to give equal opportunity to other candidates.
3. Be that as it may, prima facie case of the applicant finds support by law laid down by the Hon'ble Apex Court. In view of the same, Issue notice to the respondents. Since Mr. H. A. Ali appears on behalf of respondent no. 1 and Mr. S. Aamir appears on behalf of respondent no. 2 & 3 hence, formal service of notice stands waived off. Respondents are directed to file reply within four weeks. By way of ad-interim relief, respondents are directed that any process of selection in pursuant to the advertisement dated 01.03.2023 shall be subject to outcome of this OA. Respondents are further directed to indicate pendency of this OA in all the orders to be passed in pursuance to the fresh notification. Counsel for applicant is directed to provide a clear copy of the OA to counsel for respondent no. 2 & 3."
4. The present petition has been filed by the petitioners being aggrieved of the impugned orders by contending that in the meantime, as Public Service Commission is proceeding with interview in terms of advertisement notification dated 1st March 2023, after the respondents changed the criteria/norm of selection, though the petitioners have been already shortlisted for interview on the basis of the earlier criteria.
5. It has been submitted that if the selection is made as per the revised criteria, the application of the petitioners in challenging the revised criteria before the CAT would be virtually rendered infructuous and accordingly it has been submitted that during the pendency of the writ petition, the respondent-Public Service Commission may be restrained WP (C) Nos. 1008/2023 & 1009/2023 Page 2 of 3 from proceeding with the fresh recruitment process on the basis of the revised criteria.
6. In this regard, both the counsels Mr. Shah Aamir, learned counsel appearing for Public Service Commission, and Mr. Fahim Shah, learned GA appearing for the Union Territory of J&K submits that they will be happy to get the matter dealt with by the CAT for final disposal after hearing the parties for which the Public Service Commission is willing to file necessary objections in the said application so that the matter can be finally decided as, otherwise, the various recruitment process initiated by the Public Service Commission would come under cloud and creating undue confusion among the candidates.
7. We are of the view that since the matter is of utmost importance as the same relates to recruitment in various services of the UT of Jammu and Kashmir. Such matters should be resolved at the earliest for which the respondents may file their objections before the CAT, and the CAT will dispose of the same within time in a bound manner.
8. Accordingly, we close this petition with liberty to the respondents to file their objections before the CAT within a period of two weeks.
9. We request the CAT to take up the matter expeditiously and dispose of the same within a period of one month from the date of receipt of response to be filed by all the respondents.
10. It is made clear that till disposal of the application by the learned CAT, the authorities-Public Service Commission shall not proceed with the recruitment process.
11. In view of the above, the writ petition is disposed of along-with all connected CMs.
12. This order has been passed with the consent of the learned counsel for the parties, and therefore, we expect that no party shall seek undue adjournment in the disposal of the application before the CAT.
(MOKSHA KHAJURIA KAZMI) (N. KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
SRINAGAR:
08.05.2023
Altaf
WP (C) Nos. 1008/2023 & 1009/2023 Page 3 of 3