Excelsior Correspondent
JAMMU, May 1: High Court of Jammu & Kashmir and Ladakh has held that a prospective candidate has only a right to participate in the selection process once advertisement notice is issued and prior to that stage, a prospective candidate cannot seek a direction upon an employer to issue advertisement notice for filling up of a post.
This judgment has been passed by Justice Sanjay Dhar in a petition filed by Dr Ania Tullah Bhat and others who challenged communication dated 15.04.2025 issued by Deputy Secretary to the Government, Department of School Education to the Director School Education, conveying to him approval to the hiring of services of the Cluster Resource Coordinators already in place for the academic session 2024-25.
The petitioners sought a further direction that the respondents be asked to issue a fresh advertisement notice for hiring on temporary basis Cluster Resource Coordinators for teaching support in Government High and Higher Secondary Schools of various districts of Kashmir Division.
After hearing Advocate Ateeb Kanth, Justice Sanjay Dhar observed, “by virtue of the impugned communication the Government has granted approval to the extension of services of Cluster Resource Coordinators who had been engaged for the academic session 2024-25 for another academic session. The action of the respondents appears to be in tune with the legal position that one set of temporary employees cannot be replaced by another set of temporary employees”.
“It seems that the respondents after having taken note of various judgments of this court and of the Supreme Court, which lay down that procedure of annual termination and replacement by a similar arrangement is not permissible in law, have accorded approval to academic arrangement which they have made in the previous academic session, thereby setting right a wrong which they have been committing during the previous years”, Justice Dhar said, adding “the petitioners have no right to question the action of the respondents which is absolutely in tune with the legal position on the subject”.
With these observations, High Court dismissed the petition.
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