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HC directs to appoint petitioner as Urdu lecturer 3/21/2015 11:48:53 PM Jammu, Mar 21 (JNF) : In a petition filed by Dr Shamima seeking appointment as Urdu lecturer (10 +2), high court judge Muzaffar Hussain Attar observed that in this case PSC had not stated that the petitioner was not possessed of exceptional qualification. It, otherwise, would mean that she was possessed of exceptional qualification which, as already stated, she in fact has possessed it. Rejecting her candidature on the only ground that candidates in the prescribed age limit were available, cannot be countenanced in law. Such a decision of PSC in essence has defeated the government order supra. The petitioner has secured the necessary grade for being selected and appointed on the post of 10+2 lecturer. She has been denied the right of appointment illegally and arbitrarily and on the ground which cannot be justified in law. The constitutional sentinel portrayed in Article 16 of Constitution of India stands guard to the rights of petitioner. Article 14 and 16 reflect the constitutional values and constitutional morality. The petitioner's rights stand protected by these constitutional provisions. Justice Attar observed that since much water had flown down from the date selection process was concluded, asking PSC that at this distance of time to refer the case of the petitioner to administrative department for considering relaxation of upper age limit, would be doing further injustice to the petitioner. In normal circumstances, PSC, which has adjudged the merit of the petitioner and has admitted that she has secured merit more than last cut off point and is eligible for being recommended for the post of 10+2 lecturer, would have been directed to recommend name of the petitioner. But at the moment, there is neither chairman nor members in PSC. This would delay the matter and cause further hardships to the petitioner. With these observations, the court allowed the petition and directed state to consider and appoint the petitioner on the post of 10+2 lecturer in the discipline of Urdu and after issuance of appointment order the competent authority shall post the petitioner in the institution wherever her services would require to be utilized. The appointment order be issued within two weeks from the date copy of this order is served. The petitioner in the peculiar facts of this case is deemed to be within age for the purpose of her appointment, the court directed.   Share This News with Your Friends on Social Network     Comment on this Story

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