Excelsior Correspondent
JAMMU, Aug 14: Supreme Court has reversed the decision of the Division Bench of State High Court regarding appointment of Computer Assistant/ System Administrator/ Lab. Assistant in the Jammu and Kashmir Institute of Management, Public Administration and Rural Development.
Besides, the Apex Court has passed strictures against the then Division Bench of State High Court for issuing directions, which implied to making amendments in the recruitment criterion though the same didn’t fall against the domain of the latter.
The directions were issued by a Bench comprising Justice Anil R Dave and Justice Dipak Misra, while allowing the Special Leave Petition (SLP) filed by Senior Advocate, Gaurav Pachnanda on behalf of the Jammu and Kashmir Institute of Management, Public Administration and Rural Development.
In this case, the Jammu and Kashmir Institute of Management, Public Administration and Rural Development had challenged the judgment of the Division Bench of the High Court of Jammu and Kashmir, headed by the then Chief Justice Barin Ghosh, by which the Division Bench had modified the selection criteria and directed the Jammu and Kashmir Institute of Management, Public Administration and Rural Development for declaration of result of the candidates in pursuance of the such modifications suggested by it.
The Supreme Court while deciding the appeal said, “in our opinion, the Division Bench of the High Court has exceeded its jurisdiction by directing the appellant to amend the Recruitment Rules and therefore, we quash and set aside the impugned judgement dated March 10, 2010”.
“Upon perusal of the impugned judgement, it is very clear that the High Court has given several directions whereby the appellant has been directed to change its selection procedure and provisions of the Recruitment Rules. Directions have also been given to increase or decrease marks given by the Selection Committee, which were in accordance with the Recruitment Rules”, says the order adding, “quantum of marks to be awarded under different heads are ordered to be modified by the High Court and the High Court has decided to re-consider the result in the light of the directions given by it”.
Setting aside the judgement of the High Court, the Supreme Court Bench said, “in our opinion, it was not the function of the High Court to give any direction so as to virtually amend the Recruitment Rules”.
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