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12. In reference to the above communication dated 10.12.2014 of the SSB, the Legal Services Authority wrote another letter dated 15.01.2015 to the SSB, intimating to it, inter alia, that the Legal Services Authority had its own recruitment board constituted under Regulation 29 of the 1998 Regulations and that the SSB was a creation of the J&K Civil Services Decentralization and Recruitment Rules, 2010, Rule 2 whereof provided that the said Rules shall ap0ply to the posts under the Government except the posts for which special treatment is expressly provided under any law, rule, order or notification. The SSB was intimated that since the special treatment is expressly provided for the State Legal Services Authority under the 1997 Act and Regulations framed thereunder, the J&K Civil Services Decentralization and Recruitment Rules, 2010 (for short, Decentralization Rules, 2010) do not apply to the posts borne on the establishment of the Legal Services Authority, nor does the SSB have jurisdiction over the said posts. It was also mentioned in the said letter that the SSB had not been able to complete the selection process even after a lapse of more than two years. The letter again conveyed to the SSB that the posts "shall be deemed to have been withdrawn from the SSB" and the SSB was requested not to proceed head with the finalization of the selection against the posts.

13. Thereafter, on 11.02.2015, the SSB wrote to the Legal Services Authority that since it had already completed the selection process for the posts, it was neither appropriate nor possible to withdraw the posts. Reference was again made to the Circular no.22-GAD of 1999 dated 22.09.1999. It was mentioned therein that in exceptional cases where advertisement has not been issued by the Recruiting Agencies and where it is necessary in public interest to withdraw any vacancy, the department concerned has to moot a specific proposal with full justification before the General Administration Department.

20. The Legal Services Authority, Respondent no.2, in its reply has stated that it has constituted its own Recruitment Board under Regulation 29 of the 1998 Regulations and, accordingly, the SSB was directed that the posts referred by the Legal Services Authority be deemed to have been withdrawn and was requested not to proceed ahead with the finalization of the selection process. The SSB, however, ignored the letters and completed the selection process. It is averred that the process of recruitment was completed after amendment to Regulation 29. It is further asserted that since the posts referred were divisional cadre posts, in terms Rule 6(5) of the Decentralization Rules, 2010, the SSB was obliged to associate a divisional level officer of the intending department, i.e., the Legal Services Authority, as a member of the Divisional Level Selection Committee. It is stated that instead, the SSB associated Director, Litigation, Kashmir as a member of the Committee who did not belong to the intending Department and, "hence the selection list of the Junior Legal Assistant has been cancelled". The respondent in its aforesaid reply has admitted the factual narrative given hereinabove. However, it is reiterated that after deletion of Clause (6) of Regulation 29 of the 1998 Regulations, letters dated 15.01.2015, 02.03.2015 and 31.03.2015 were sent to the Chairman, SSB, with request not to continue with the process of recruitment, but the same were ignored. It is also stated that the order dated 24.09.2015 passed by the Court while disposing of SWP no.2076/2015, filed by one of the petitioners, required the SSB to complete the process of recruitment under rules. Under the rules, when the posts were withdrawn from the SSB, they should have closed the process; instead it proceeded with the process. It is stated that it was on account of the above that the selection list has been cancelled.

a) That Regulation 29(6) of J&K State Legal Services Authority Regulations, 1998 provided for referring of vacant posts in J&K SLSA to SSRB and amendment was carried to said Regulation and Clause (6) of the Regulation 29 of the J&K SLSA Regulation, 1998 was deleted vide notification 1-SLSA of 2014 and J&K SLSA constituted its own recruitment Board under the orders of Hon'ble Chief Justice, J&K High Court. As a result of said development SSRB was requested not to continue with the process of recruitment of JLAs and said posts were also directed to be withdrawn from SSRB. Instead of closing the process of recruitment of said posts for J&K SLSA, SSRB ignored the same and completed the process of selection of Junior Legal Assistants under the garb of order passed in the SWP No.2076/2015 by Hon'ble High Court although the order provided for completion of selection process in accordance with the rules.