Excelsior Correspondent
Srinagar, Nov 29: The High Court has upheld the Government order whereby the appointment of 45 Junior Physiotherapists referred by the Health and Medical Education (H&ME) Department was kept in abeyance and held the selection for these posts by SSB as without any legal sanctity.
The Division Bench of Justice Atul Sreedharan and Justice Javed Iqbal has held that in presence of withdrawal of the reference by the intending department for selection of these posts is admitted and the Services Selection Board (SSB) had no mandate in law to proceed ahead with the process of such selection.
“Admittedly in presence of the withdrawal of the reference by the Intending Department communicated to the Board, the Board had no mandate in law to proceed ahead with the process of selection, thus the whole process of selection undertaken by the Board has been without any legal sanctity”, the Bench said.
Court recorded that the selection by the SSB did not in law clothe the selectees (aggrieved candidates) including with any right enforceable in law in view of the law lay down by the Supreme Court. “…it cannot be said by any stretch of imagination the process initiated by the official respondents for creation of supernumerary posts for accommodating and adjusting the selectees created any right much less one recognized and enforceable under law in the selectees”, the DB clarified.
The facts under the cover of which the case was filed by the selectees revealed that 45 posts of Junior Physiotherapists came to be referred by the H&ME Department to SSB for making selection thereto and the board consequently after undertaking a selection process, forwarded the list of selected candidates to the Intending Department for making appointments.
In response to which the Director, Health Services Kashmir intimated the Principal Secretary to the Government Health and Medical Education Department that the Directorate has no vacant post of Junior Physiotherapist available, and, as such, made a request for creation of equal number of posts for adjusting the selected candidates.
The Principal Secretary H&ME Department in response to request of the Director conveyed him that the administrative approval as intimated earlier for issuance of appointment orders in favour of the selectees, has been kept in abeyance till further orders.
The selectees approached the court seeking quashing of such decision by the Government also sought direction from the court that the authorities be directed to issue formal appointment orders in their favour against the posts of Junior Physiotherapist.
The Government in opposition to the reliefs sought by the aggrieved candidates submitted a detailed reply stated therein that Intending Department (H&ME) took up the matter with the Finance Department for creation of supernumerary posts of Junior Physiotherapist in order to accommodate the selected candidates to which the Finance Department conveyed its agreement and consequently the proposal came to be submitted for creation of posts to General Administration Department.
The court has been apprised that the General Administration Department referred the matter to the Department of Law, Justice and Parliamentary Affairs for its opinion on the issue and the department however, opined that the selectees have no right to appointment against the posts and accordingly, the General Administration Department on 13.12.2019 directed the Health and Medical Education Department to hold an inquiry into the matter and also convey non-acceptance of the recommendations to the Board.
The DB after considering the whole controversy involved in the matter concluded that the Board (SSB) has overlooked the information conveyed to it about withdrawal of reference of posts in question and proceeded ahead with selection process.
Court has held that the petitioners have no right for appointment to the posts of Junior Physiotherapist while directing the Principal Secretary H&ME department to compensate them by paying costs of litigation of Rs. 20,000 to per applicant.
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