HC stays CAT order, directs PSC not to finalize selection of ROs

Excelsior Correspondent
Srinagar, Sept 9: High Court today stayed the order of the Central Administrative Tribunal (CAT) whereby the Public Services Commission (PSC) was directed to prepare the final selection list for the post of Range Officers (ROs).
The Division Bench of Justice Ali Mohammad Magrey and Justice V C Koul subject to the objection from the PSC directed that the selection to the post in question shall not be finalized. DB also stayed the order of CAT where by preparation of final selection list of the Range Officers was directed to be prepared.
CAT had directed the PSC to conduct the tests in the advertisement notice and thereafter prepare the final select list of candidates who fulfil all the eligibility criteria mentioned in the advertisement notice.
Following the procedure for bringing the selection procedure to its conclusion, CAT had further directed to complete the exercise within three months from the date of order.” Respondents would do well to ensure that the final list does not contain the name of candidates who do not fulfil the eligibility criteria, as per rules and conditions of advertisement notice”, reads the CAT order
The aggrieved candidates besides seeking quashing of CAT order also called in question the mandate of SRO 359 of 1970 dated 24th of July, 1970 to the extent of prescribing the criterion of height of 5 feet 6 inch as being violative of their rights guaranteed under the Constitution.
The aggrieved candidates putting forth their case before the Tribunal with the support of pleadings on record, had raised the issue that whether the Jammu and Kashmir Forest (Gazetted) Service Recruitment Rules, 1970 are gender discriminatory in nature and whether the Jammu and Kashmir Forest (Gazetted) Service Recruitment Rules, 1970 could be applied selectively to the selection made in terms of Advertisement Notification No. PSC/Exam/2018/19 dated 15th of March, 2018.
The DB after having heard the appearing counsel for the parties, recorded that prima facie, there is force in the submissions made by the Senior Counsel representing the petitioners. “That being so, we are included to show indulgence. Insofar as the objection raised by the Senior Counsel representing the Caveators, we are satisfied that the issues raised in the petition in hand qua challenge to the recruitment rules need decision from this court, therefore, the objection raised by the Caveators would be taken care of at the time of final disposal of the petition”, DB said.