Excelsior Correspondent
JAMMU, Nov 7: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Puneet Gupta, while setting aside the order of Central Administrative Tribunal, has directed Service Selection Board (SSB) to redraw the merit for the Audio- Visual Technician posts having regard to the fact that both the petitioners are eligible for the posts in question and, accordingly, frame the final select list afresh.
The respondent-Board shall do well to issue the select list within two months so that the selected candidates are appointed without any further loss of time, the DB further directed, adding in case it is possible to accommodate the writ petitioners without disturbing the selection made, the official respondents may proceed accordingly.
The petition is directed against an order and judgment dated 25.10.2021 passed by the Central Administrative Tribunal, Jammu Bench in TA No. 61/606/2020 titled Ramnik Singh Versus UT of Jammu and Kashmir and Others challenging the selection of respondent as Audio-visual Technician/ Technician in Audio-visual Aids in Government Medical College, Rajouri and as Telephone Supervisor as well as Audio-visual Technician in GMC, Anantnag respectively.
After hearing both the sides, the DB said, “the qualification of Degree in Electronics and Communication held by the petitioners, is necessarily a higher qualification than the minimum qualification prescribed in the Advertisement Notifications i.e Diploma in Electronics and Communication and that the higher qualification possessed by the petitioners is in the same line”.
DB held that the qualification of Degree in Electronics and Communication presupposes the acquisition of Diploma in Electronics and Communication which is the minimum qualification prescribed for the twin posts in question. The petitioners were, thus, eligible to participate in the selection process. The Tribunal has not correctly appreciated the position of law and has wrongly held the petitioners ineligible for the posts in question.
Accordingly, DB allowed the petition and quashed the order of Tribunal.
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