Appointment to post of Secy JKAACL
Excelsior Correspondent
JAMMU, Aug 11: In a significant order, a bench of Supreme Court comprising Justice Indu Malhotra and Justice Ajay Rastogi has dismissed the Special Leave Petition (SLP) filed by the Government of Jammu and Kashmir against the judgment dated October 22, 2019 passed by the Division Bench of J&K High Court whereby the selection process for filling up of post of Secretary Jammu and Kashmir Academy of Art, Culture and Languages was quashed.
The Division Bench had further directed that in case the process of selection is to be initiated, the qualifications, experience and other terms and conditions of service besides the process to be followed for the selection be prescribed before advertisement is issued.
While dismissing the SLP filed by the Government of Jammu and Kashmir, the Supreme Court, after hearing Advocate Shashi Juneja and Advocate Satyajeet Kumar, observed, ” “we see no reason to interfere with the impugned judgment/order and accordingly, the Special Leave Petition is dismissed”.
Dr Arvinder Singh Amn, Additional Secretary J&K Academy of Art, Culture and Languages (JKAACL) had filed a writ petition seeking quashing of Advertisement Notice No.DIP/J-12968/18 dated March 01, 2019 issued by Government inviting applications for the post of Secretary, JKAACL without laying down any terms and conditions of eligibility and without disclosing any criteria of selection /shortlisting by the Search Committee appointed by the General Administration Department.
The petitioner had sought a direction to the Govt to formulate and prescribe the terms and conditions including eligibility conditions for filling the post of Secretary JKAACL as the existing rules are silent with regard to the eligibility conditions for the post of Secretary.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner Dr Arvinder Singh Amn and Senior AAG H A Siddiqui appearing for the Govt of J&K, a Single Bench of J&K High Court on May 28, 2019 had dismissed the writ petition and upheld the selection process undertaken by the Search Committee appointed by the State Government.
Against the judgment of the Single Judge, the petitioner had filed a Letters Patent Appeal before the Division Bench of the J&K High Court which had on October 22, 2019 set aside the judgment of the Single Judge thereby quashing the entire selection process to the post of Secretary JKAACL.
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