Excelsior Correspondent
SRINAGAR, Oct 10: The High Court today observed that the approach of authorities is causing delay in filling the posts of Assistant Information Officers (AIOs) and directed the Government to place before it the actual constitution of the Selection Committees with regard to selection for the posts in question.
The Division Bench of Chief Justice Gita Mittal and Justice D S Thakur hearing contempt petition seeking implementation of DB verdict whereby Court had declared selection process of 29 Assistant Information Officers by SSB as invalid, directed the authorities to ensure that duly constituted committees are placed before the Court.
The direction followed after the Court was informed that the issue stands taken up with the Information Department for nomination of one officer of above the rank of Additional Secretary as member of the State Level Selection Committee and the Divisional Level Selection Committee so that the selection committees are constituted accordingly in accordance with the mandate of recruitment Rules.
The writ Court had asked the board to first constitute the committees as required in terms of law (Rule 6(4) of the Rules of 2010) and fix the criteria in tune with Rule 14 of the Rules of 2010. The SSB, it is mentioned, had issued three different notifications in 2006, 2008 and 2010, inviting application for the posts of Assistant Information Officer Grade-II. Subsequently, the SSB issued a provisional selection list on January 21, 2012.
The DB after perusal of the report said the report does not inform the Court with regard to the status of the actual constitution of the Selection Committees as such directed for placing the same before the Court.
The SSB counsel informed the Court that the Information Department has to effect the nomination as requested by the SSB. Court directed the Information Department to file the compliance positively before the court within four weeks time. SSB has also been directed to follow up the matter with the Information Department with fresh status report for placing before the Court.
The SSB is under direction to expeditiously conclude the process of selection for the posts of Assistant Information Officers and report the court on next date in shape of status report. Board has to inform the court with regard to implementation of DB verdict whereby court had declared provision selection of 29 Assistant Information Officers by SSB as invalid.
Aggrieved candidates who had challenged the 2013 selection list issued by SSB by way of a writ petition and after discussing various aspects of the case, the writ court in its judgment had concluded that prejudice to petitioners due to the change in criteria in the middle of the selection process and methodology on the date of the Aptitude test and interview held by the Board on October 2011.
The Writ Court while holding the selection process invalid had observed that the Board has sidelined the merit in the qualifying examination, as no credit has been given to higher qualification.
The Writ Court had directed the SSB to finalize the process of selection with promptitude of the eligible candidates who have applied in response to three advertisement notices issued in the year 2006, 2008 and 2010 inviting application for the posts of Assistant Information Officer Grade-II and thereafter the board issued a provisional selection list on 21 January 2012 which has been nullified by the court.
Subsequently the Writ Court judgment has been challenged before and the Division Bench in May 2013 had upheld the single bench verdict about the invalidity of provisional selection of 29 AIOs and had directed the recruiting agency to proceed with the selection process afresh in conformity with the rules.
“When the provisional selection list offends the rules, then to continue with the process shall not be permissible because process initiated is a base for follow up, when base is shaken, follow up shall be in-consequential,” the Division Bench had ruled while disposing of appeals against the single bench order.
It is mentioned here that authorities did not stop here and approached the Supreme Court by way of SLP challenging therein the High Court verdicts and the Supreme Court on February 20, 2017, also dismissed the appeal of the State Government and upheld the judgments of High Court in which provisional selection of 29 Assistant Information Officers issued by the Board has been held as invalid.
“We do not see any ground to interfere with the impugned order(s). The Special Leave Petitions (SLPs) are accordingly dismissed,” the Supreme Court said while dismissing SLP filed by State Government.
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