Excelsior Correspondent
JAMMU, Oct 22: In a landmark judgment, High Court has held that non-Kashmiri migrant cannot claim any right to consideration for selection and appointment against posts created from time to time under the Prime Minister’s Special Package for return and rehabilitation of Kashmiri migrants to the Valley.
This judgment has been passed in a petition challenging three advertisement notifications fundamentally on two grounds—first that for the post of MVI the Jammu and Kashmir Transport Controller’s (Subordinate) Service Recruitment Rules, 1974 apart from the requisite qualifications prescribe a working experience at least of one year in a reputed automobile workshop and possession of a driving licence authorizing to drive motor cycle, heavy goods vehicles and heavy passenger motor vehicles; second that as per the Rules there is no post of Sub-MVI or Assistant MVI existing in the department.
“On these two counts, the petitioners have sought quashing of the advertisement notices. It is their further case that they possess the prescribed qualification and experience and therefore are entitled to be considered for appointment against the post of Motor Vehicle Inspector”, Justice Ali Mohammad Magrey observed.
While dismissing the petition, Justice Magrey observed, “the petitioners are required to show to the court that they have a cause of action and locus standi to file this writ petition for the reliefs claimed by them”, adding “they have to demonstrate that their right to consideration guaranteed under Articles 16 of the Constitution of India has been infringed or taken away or that they are equally placed with migrants as defined under the 2009 Rules”.
“I am of the view that the petitioners have neither any cause nor the locus standi to file this writ petition. This is so far the simple reason that these posts have been specially created in the Valley under the Prime Minister’s Special Package for return and rehabilitation of Kashmiri Migrants”, Justice Magrey said, adding “under 2009 Rules no other person is eligible to be appointed to such posts. This becomes axiomatic from a plain reading of the definition of the word ‘post’ given in Rule 2(e) of the 2009 Rules which specifically defines the word to mean the posts under the Government specially created from time to time in the Valley under the Prime Minister’s Special Package for return and rehabilitation of Kashmiri Migrants to the Valley”.
“It is, therefore, immaterial whether the post of Sub-MVI or Assistant MVI is or is not borne on the sanctioned strength of the department in terms of the 1974 Rules. Under the 2009 Recruitment Rules, the Government is fully authorised to create such posts in different departments, as it may think appropriate, for achieving the objective specified therein. No person, muchless the petitioners, can have a grievance against creation of such posts as long as the 2009 Rules subsist”, High Court said.
“The petitioners not being migrants within the meaning of the word as defined in Rule 2(d) of the 2009 Rules, cannot claim any right to consideration for selection and appointment against the posts”, High Court said while dismissing the petition.
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