Excelsior Correspondent
Srinagar, Mar 5: High Court has given go ahead for the appointment to the post of Principal SKIMS Bemina by recording that the aggrieved petitioners have not been able to show that their right has been violated while fixing the eligibility criteria for the post.
Justice Ali Mohammad Magrey dismissed the plea of Dr Naseer Ahmad Mir and others challenging the criteria fixed by the authorities in advertisement notice for appointment of the Principal of the College.
“In this context, the irrefutable conclusion which can be drawn is that none of the rights of the petitioners stand violated by the respondent-SKIMS in the process of fixing the eligibility criteria for the post of Principal of the College for which direction can be issued in their favour”, Justice Magrey said
Court added that the petitioners at the time of responding to the advertisement notice, gladly accepted the terms and conditions prescribed in the said advertisement notice without any protest, as such, can’t now, turn around and contend that certain portion of the advertisement notice is bad in law or violative of any of their rights.
Court said, this conduct on part of the petitioners, itself, knocks the bottom out of the case set up by the petitioners in their petition. “For the foregoing reasons, I do not find any merit in the instant petition which is accordingly dismissed. Interim direction, if any, subsisting as on date, shall stand vacated”, Justice Magrey concluded.
Court while granting interim relief to the petitioners had restrained the SKIMS authorities for making appointment on the post of Principal. Court while dismissing the plea of the petitioners also vacated the interim order and paved way for the authorities to process appointment for the post in question.
Court while referring the Supreme Court ruling on the issue said it can quite safely be said that the SKIMs authorities are within their right to fix the eligibility criteria for the post in question keeping in view the suitability and other technical issues which the court in judicial review cannot go into as it is solely the domain of the employer to do so.
“The authorities, in this behalf, have all the expertise in such administrative matters and it is, ordinarily not proper for this court to sit in an appeal over their decision, unless, of course, it is something totally arbitrary or shocking, which is not the eventuality in the case on hand”, Justice Magrey added.
Court further added that an employee cannot insist on a particular promotion policy or on certain criteria for promotion to the next level and an employer may revise promotion policy or change criteria for promotion to higher post and an employee or for that matter cannot be heard saying that the promotion policy once decided is to be left unchanged for all times to come.
“The competent authority is always free to amend, alter and change the existing promotion policy or introduce new policy by replacing the existing one and it is the decision taking process and not the decision itself that could call for close scrutiny by the court in exercise of power of judicial review unless the decision offends a constitutional provisions or statute”, reads the judgment.
Follow our WhatsApp channel