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Hr Education Deptt breaches HC order, recruitment rules
Appoints ad-hoc Director Colleges
9/8/2016 11:46:43 PM
Akshay Azad
Early Times Report
JAMMU, Sept 8: In total breach of High Court order of 2014 and the Jammu and Kashmir Education (Gazetted) colleges Service Recruitment Rules, 2008, the Jammu and Kashmir Higher Education department has made interim arrangement for the post of Director Colleges, rather than appointing a permanent director.
Moreover, the outgoing Director Colleges Dr. TA Kawoosa also held the post of Director for nearly two years in total violation of HC order of 2014 as the order, according to which he was appointed ceased to exist after two months of the HC order.
According to the order passed by Justice Virender Singh of Jammu wing of High Court in response to SWP no. 1800/2013 and CMA no. 2612/2013, the Chief Secretary and Secretary to Government Higher Education department was directed to appoint Director Colleges by adopting proper procedure as per government rules.
Dr. TA Kawoosa was appointed as Director Colleges as per order number 23-HE of 2013 dated 29/7/2013 and the appointed was challenged in the court of law by Dr. Anita Sudan, the then Principal GDC RS Pura.
While disposing off the petition, the HC had observed, "Dy. AG appearing for respondents, fairly states that in terms of Rule 14 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, temporary appointment, in all should not exceed nine months.
It further reads, "The Jammu and Kashmir Education (Gazetted Colleges Services Recruitment Rules, 2008, wherein for filling up the vacancy of Director Colleges, the mode of recruitment is by selection through DPC/PSC on the basis of merit, integrity and professional competence from amongst the Principals of Colleges with atleast three years service as Principal".
The government order no. 23-HE of 2013 dated 29/7/2013, according to which Dr. TA Kawoos was appointed as Director Colleges, has outlived its life if seen in accordance with Rule 14 of Rules of 1956.
"The petition on hand stands, disposed off at this state itself directing Respondent no. 1 and 2 (Chief Secretary and Secretary Higher Education) to initiate and conclude the process of appointing Director Colleges strictly in tune with Rules of 2008 (as amended upto date) within two monthsfrom today. Till then Government order no. 23-HE of 2013 dated 29/7/2013 impugned herein shall remain in operation making it clear that in case the process of appointing Director Colleges is not concluded within the aforesaid period, the said government order shall cease to exist", the order concluded.
In the light of said order, Dr. TA Kawoos remained on the post for nearly two years in violation of HC order, as process as directed by HC was never started by department, a senior advocate said.
He further said that seeking APR and other details of only 10 Principals by Secretary was also in violation of rules of Higher Education department as all the eligible Principals were not in consideration of screening committee of Higher Education department.
"Those who have work experience of less than three years as Principals are allowed by Higher Education screening committee, which is also violation of HE rules and HC order", the advocate said, adding that it was open contempt of HC order by government itself as neither the order was challenged by Higher Education department and nor the department adhere to the order.
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