Excelsior Correspondent
Srinagar, Apr 3: High Court today directed the Commissioner Secretaries of PWD and Jal Shakti Department to constitute an expert team to examine the qualification for the post of draftsman and directed the Government to take a final decision in terms of Recruitment Rules to settle the controversy once and for all, within a period of one month.
The plea was filed by the candidates aggrieved of their exclusion from the select list of draftsman posts. The provisional select list was issued by the respondents for the post of Draftsman (Civil), PW(R&B) UT cadre in terms of notification dated 23.02.2022 and Draftsman (Civil) Jal Shakti Kashmir Division and Jammu Division in terms of Notification dated 23.02.2022 to the exclusion of petitioners.
The recruitment agency (SSB) in its reply declared the candidates with a diploma in Civil Engineering as not eligible.
The senior counsel for the petitioners, Abhinav Sharma stated that the selection list issued by recruitment agency is in clear violation of the Jammu and Kashmir Engineering Subordinate Service, Recruitment Rules, 1997 as the advertisement issued clearly provides that the qualification for the post of Draftsman is two years draftsman training course certificate or diploma from any government recognised institution to which the petitioners being possessed of three years diploma in Civil Engineering from a government recognised institution i.e. JK Board of Technical Education, were found to be eligible.
Attention of the court was drawn that the interpretation attached by the recruitment agency to the Recruitment Rules and to the advertisements is contrary. “Neither the Recruitment Rules of 1997, nor the advertisement provided two years diploma whereas the only requirement of the Recruitment Rules and the advertisement was that of diploma from the recognised institute, diploma in Civil Engineering is of three years and no recognised institute in State of J&K now Union Territory issues, two years diploma in Civil Engineering”.
Advocate Sharma submitted that Recruitment Rules of 1997, clearly provides that if any question relating to the interpretation of the Rules arises, the matter shall be referred to the government for its decision, therefore, the recruitment agency was under an obligation to refer the matter to the government and had no authority to take the decision thereby declaring the petitioners in eligible.
The court directed that the committee to be constituted by respondents are also directed to examine and clarify the intent of the Rule making authority in inclusion of three-year diploma holders for 10% quota prescribed for the post of Junior Engineers Grade II as per Recruitment Rules of 1997.
“The Committee is directed to submit its recommendations after obtaining consensus of the experts to the Government within a period of one month from the date of passing of this order”, reads the judgement.
The court directed the Government to take a final decision in terms of Rule 13 of the Recruitment Rules of 1997, to settle the controversy once and for all, within a period of one month thereafter.
“However, it is made clear that till the final decision of the Government, in compliance to the observations made above is taken, no selection/appointment to the post of Draftsman shall be carried out by the respondents”, court directed.
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