DB orders status-quo on appointment, promotions of 61 Principals

Excelsior Correspondent
JAMMU, Dec 24: Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Alok Aradhe has ordered status-quo on appointment and promotion of 61 Principals of Government Degree Colleges.
The order was passed in a petition filed by Kartar Chand and others seeking quashment of Government Order No.684-HE of 2017 dated 12.12.2017 whereby 61 respondents were promoted/appointed as Principals of Government Degree Colleges.
During the course of hearing, Advocate Abhinav Sharma appearing for the petitioners submitted that the order impugned has been issued pursuant to the judgment dated 16.12.2016 rendered in LPA (SW) No. 159/2016, inasmuch as J&K Public Service Commission initiated the process of filling 66 vacancies of Principal Degree Colleges in accordance with amended Schedule-II of J&K Education (Gazetted) Service Recruitment Rules, 2008.
These included 52 posts which were lying vacant prior to the amendment and against which the petitioners stood promoted as Incharge Principal Degree Colleges from 2010 to 2013 and under law were entitled to be regularized with retrospective effect. Even those 52 posts have been filled up in accordance with amended Schedule and Division Bench while deciding LPA (SW) No. 159/2016 had specifically directed PSC to fill up 52 posts under un-amended Schedule and only rest of nine posts in accordance with amended Schedule.
After hearing Advocate Abhinav Sharma for the petitioners whereas Senior AAG Nirmal Kotwal for the State, Senior Advocate DC Raina for the PSC and Advocate Rahul Pant for respodents, DB issued notice and ordered that subject to objections the parties shall maintain status-quo in respect of the subject matter of this petition particularly order dated 12.12.2017 issued by Higher Education Department.

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