Excelsior Correspondent
JAMMU, Oct 14: High Court today decided bunch of petitions regarding regularization as Village Agriculture Extension Assistants with various directions.
According to the petition, in the year 2007 State Government engaged all the unemployed Agriculture Graduates as Rehbar-e-Zirats and later formulated a policy for their regularization as Village Agriculture Extension Assistants. The dispute involved in seven writ petitions had arisen from the process of regularization.
After hearing battery of lawyers for the petitioners, State and other respondents, Justice Janak Raj Kotwal observed, “it had never been the policy nor it was decided that in the event of regularization of ReZs, basis of preparing the merit list or drawing seniority will be the year of obtaining eligibility qualification of BSc Agriculture”.
“Cabinet rather took a decision to regularize all the ReZs in three phases to be completed in three years and directed preparation of select list giving weightage to higher qualification on pro rata basis. No change of policy can be said to have been made as such doctrine of legitimate expectation on this score is not attracted”, the court said.
“Arbitrariness or unfairness in giving weightage to higher qualification neither is apparent not can be found. The petitioners’ contention in this regard is not tenable. It needs to be pointed out that as per the Government Order dated 28.11.2013 issued pursuant to Cabinet decision dated 04.08.2011 read with the Government Order dated 10.08.2011 weightage is to be given to the qualification obtained on or before 31.10.2006– the date of first Cabinet decision whereby decision to engage ReZs was taken”, Justice Kotwal observed, adding “giving weightage to higher qualification in a recruitment process is well recognized and cannot be said to be arbitrary”.
“Question can be posed to the petitioners how it would have been arbitrary and unfair had all the candidates been appointed on regular basis in the year 2007, that is, at the time of their engagements as ReZs and higher qualification of the eligible candidates would have been given weightage”, High Court said, adding “that would have not been arbitrary or unfair. Giving weightage to higher qualification obtained on or before the date of initial engagement is no way arbitrary or unfair”.
“Question might have arisen if weightage was to be given to the higher qualification acquired by some candidates after their engagement as ReZs. It, however, needs to be noted that respondents have not addressed petitioners’ apprehension that some of them are about to cross the upper age limit and they may be relegated down if selection list is prepared by giving weightage to higher qualification and may thereby be deprived of the fruit under the regularization policy”, High Court said.
“This apprehension is bit misconceived and farfetched for the reason that regularization police has to apply to all the candidates engaged as ReZs for which equal number of posts have been created”, Justice Kotwal said.
With these observations, court dismissed the petitions.
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