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| State cannot distribute public employment arbitrarily: HC | | | Early Times Report
Jammu, July 4: In a landmark judgment, Justice Sanjeev Kumar of J&K High Court Jammu Wing while dismissing the petitions challenging cancellations of their appointments, observed that there should be no doubt in the mind of any person that such persons, who come by backdoor, should go through the same door.
As noticed above, the appointment of the petitioners were made in the teeth of the settled legal position adumbrated by the Supreme Court in a number of judgments and allowing such appointments to continue on the basis of misplaced sympathy would tantamount to putting premium for unconstitutional acts of the State and its officers.
Sooner than later, the State needs to understand that public employment is not a bounty in the hands of the State which can be distributed by it arbitrarily and at its whims and caprice.
Justice Sanjeev Kumar further observed that to sustain rule of law and ensure protection of fundamental rights of the citizens, it is incumbent upon the State to refrain from acting in a manner which is not countenanced by law. Devising ways and means to overcome the constitutional mandate, sometimes by issuing statutory rules and sometimes by coming up with legislative enactments, is nothing but a calculated fraud on the Constitution.
The State should appreciate the constitutional mandate before coming up with statutory rules, executive orders and the legislative enactments providing for regularization of services of the backdoor appointees. Less said the better and I conclude that there is no merit in this writ petition and the same is, therefore, dismissed along with MPs, Justice Sanjeev Kumar observed. |
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