Excelsior Correspondent
Srinagar, Apr 10: The State High Court today directed the Services Selection Board (SSB) and autonomous bodies of the State to publish marks and points allotted to selected candidate so as to make recruitment process transparent. It has directed the Vigilance Organisation to register an FIR against the then Chairman, Secretary, Administrative Officer and Members of Services Selection Board for providing wrong information to the Court and making wrong selection of Laboratory Assistants and imposed penalty of Rs 8000 on the Board for the fault.
Court in order to make transparent selection in future by any recruiting agency and autonomous bodies of the State directed publishing of marks and points allotted to selected candidate. “…State including the autonomous bodies shall henceforth publish in all leading newspapers of the State along with select list, the marks/points allotted to each selected candidate so as to make the recruitment process more ethical, clear and transparent and to avoid such like loops due to which the genuine candidates are not selected by the authorities at the helm of affairs”, court directed.
It directed the Registry to send the judgment to the Chief Secretary and every recruiting agency of the State including autonomous bodies for doing the needful (indicating the marks and points with the select list of any recruitment).
“Director, State Vigilance Organization is directed to seize the selection record of this particular case, make inquiry and if necessary, lodge FIR against the then Chairman, Members, Secretary and Administrative Officer of the Board who were responsible in making this selection”, Justice Tashi Rabstan directed.
Court also directed the SVO to proceed in the case in accordance with law and fix responsibility by completing the exercise within two months and file the status of inquiry before the court after expiry of period of two months.
Justice Tashi also imposed penalty on Board for making Ram Lal suffer unreasonably and illogically and depriving his legitimate right. “I would like to project the concern of the court that the petitioner has been denied his rightful claim and made to suffer for so long years for no fault of him as such SSB is burdened with costs of rupees eighty thousands”, read the judgment.
Court was hearing a petition in which selection list of Laboratory Assistants in H&ME department in district Udhampur was challenged by one Ram Lal on the ground that he was having more points than selected candidates.
Court directed the Board to deposit the penalty amount before the Registry of the Court and thereafter release the amount in favour of the petitioner after due verification and identification as he has been made to run from pillar to post by the Board for his rightful claim for the last 16 years.
“It is made clear that in case the respondents fail to deposit the costs within the aforesaid period, Registrar Judicial is directed to frame a separate robkar against the Chairman of the Board”, court said.
Court while allowing the petition of Ram Lal directed the Board (SSRB) to recommend the name of petitioner for his appointment as Laboratory Assistant within two weeks and issue appointment order in his favour thereafter within two weeks.. “It is made clear that petitioner shall be entitled to all consequential benefits including seniority and promotion with effect from the date other selected candidates joined i.e 2002”, court said.
Court also made clear to the authorities that in case there is no post available with the department against which the petitioner has to be appointed then officials have been directed to create a supernumerary post for the petitioner with effect from the date other selected candidates (private respondents) joined the services.
Court did not think it proper to quash the selection of private respondent- Gopal Krishan as he has been serving in health department for the last 16 years and court said, he might have now crossed the maximum age limit for getting the Government job.
“For the misdeeds of the officers of SSB he cannot be penalized, that too after 16 years of his selection when his whole family including children must be fully dependent up him. Therefore the principle of natural justice demands that humanitarian approach requires to be adopted in not quashing his selection”, court said while referring the ruling of apex court on the issue.
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