Excelsior Correspondent
Srinagar, May 12: High Court today directed the authorities not to advertise the post in the Health Department which as per the order of Government was withdrawn.
The Government order where-under the posts referred to Public Service Commission (PSC) and Service Selection Board (SSB) prior to October 30, 2019 have been withdrawn and the petitioner challenged the same to the extent that he was selected for the post of lecturer Periodontia in Government Dental College but due to inter litigation before the Court he has not been allowed to join as such the post in question does not come within the ambit of Government order issued in February this year.
It is noted that the Government in February this year issued an order where-under all the posts which were referred to PSC or SSB prior to 30.10.2019 but could not be filled up, deemed to have been withdrawn with immediate effect. The division bench of Justice Ali Mohammad Magrey and Justice Puneet Gupta set aside the orders of CAT whereby the petitioner was declined to give interim relief and directed the authorities not to advertise the post.
Senior Counsel Jahangir Iqbal Ganai, appearing on behalf of the Petitioner, submitted that he was selected for the post in question, but for the orders of this Court in the proceedings filed by the aggrieved candidate, the recommendations were withheld by the Commission and, therefore, the decision of the Respondents-GAC in withdrawing the post has violated the rights of the Petitioner guaranteed under the Constitution of India.
The DB after having heard the Senior Counsel and after going through the pleadings on record, viewed that no useful purpose can be achieved by keeping the instant Petition pending as the only interim relief claimed by the Petitioner before the Tribunal was that pending decision in both the proceedings, filed by him and one of the aggrieved candidates, the Respondents be directed not to withdraw the post in question.
The DB on consideration of the matter and on examination of the pleadings on record, noticed that the selection against the post in question has already been made, but no recommendations have been made owing to the orders passed by the CAT which is pending adjudication before it.
“In that view of the matter, pending decision in both the aforesaid proceedings and in order to protect the list, the Tribunal was required to pass some interim order thereby protecting the rights and interests of both the parties. We further direct the Tribunal to take up both matters, and decide the same expeditiously,” DB further directed.
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