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| HC directs Status Quo on JE’s Electrical list | | | Early Times Report
JAMMU, Apr 3: The High Court of J&K comprising of Justice Janak Raj Kotwal has passed an Order directing Status Quo on the list of Junior Engineer Electrical for the Power Development Department. The list of 127 slectees has been put on hold by the High Court in a writ petition filed by Shammi Pajgotra and others through Advocates A K Sawhney and Aseem Sawhney with Ajay Sharma Adv. The petitioners' counsel Advocate Aseem Sawhney Advocate submitted before the court that the petitioners are Scheduled caste and Scheduled Tribe candidates and have done Three Years Diploma.
The respondents issued an advertisement for the posts of Junior Engineer (Electrical) vide an Advertisement Notice no. 3 of 2012 dated 28.12.2012 published in newspapers on 1.1.2013. Total no. of posts advertised were 127 out of which the posts for Open Merit were 72, RBA - 25 SC- 10, SC- 13, ALC-4 and OSC-3.The prescribed qualification was - Bachelors Degree in Electric/Electronic Engineering or Three Years Diploma in Electric/Electronic Engineering.
That the petitioners ' form was processed and accepted and petitioners were called for written test, wherein the petitioners competed for the said written test petitioners falling in their respective categories were called for interviews.
But in the Select list for the said posts were issued and to utter shock and surprise of the petitioners, their names were not figuring in the said list, which the petitioners are impugning by the medium of the present writ petition.
Sawhney submitted that criteria applied with regard to awarding 5 points extra to the B.E (Bachelor Of Engineering) is illegal, Unconstitutional and arbitrary and therefore be set aside; That at the time of issuance of advertisement the only qualification was Degree or Three Years Diploma but to grant an additional benefit of 5 points to a Degree Holder i.e. B E is illegal, since it was never provided in the advertisement; That further the Degree and Diploma Holders are required to be treated equally in terms of the recruitment into the service is concerned and only thereafter the paths/ ways can be differentiated but in the present case the selection process smacks of bias and prejudice against the Diploma Holders; That while the petitioners have scored better than many selected Degree Holders but in the final list have been overtaken since the extra 5 marks awarded and also that the Viva Voce has been conducted and marks awarded arbitrarily and against the established principles of law.
Neither the Viva Voce has been videographed or any correct recorded made, which is a sine qua non of fair selection process. The same has been done just to accommodate certain favourites and to dodge the right and career of the petitioners.
The Court after hearing the counsel and on perusing the petition and referring to the earlier order passed by coordinate Bench passed the order directing Status Quo as it exists today in the JE's Electical list. |
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