Srinagar, Feb 28: Central Administrative Tribunal (CAT) has sought government response on a plea challenging withdrawal of some posts that had been referred to J&K Service Selection Board (SSB) prior to October 31, 2019.
Issuing notice to SSB, General Administration department (GAD) and Health and Medical Education Department, a CAT bench at Srinagar comprising members Anand Mathur and D S Mahra asked the government to file objections by March 24 to the application challenging the withdrawal of posts to the extent for the post Audiometry Technicians advertised on February 1 2019.
Government Advocate Birkamdeep Singh accepted notice on behalf of government.
The applicants through advocate Mir Suhail are seeking to quash the GAD order dated 03-02-2022 regarding withdrawal of posts referred to SSB prior to 31-10-2019, to the extent of petitioners for the post of Audiometry Technician advertised vide Advertisement Notification No.01/2019/001 to 01/2019/041 and Adv. No. No.02/2019/001 to 01/2019/041 dated 01-02- 2019.
In their plea, the applicants contended that they have already qualified the written test and with regard to verification of their degrees, the SSB had sought clarification from Health and Medical Education department and the said department had conformed to the selection agency that the degrees of the candidates were relevant as per J&K Para Medical Council.
They submitted that only the subject specialist was to be deputed from the concerned department but the authorities slept over the matter and till date have not taken any concrete steps to depute a subject specialist to the Board for completing the selection process. The applicants said that they filed various representations before the concerned authorities but of no avail.
The applicants said that they have been constrained to file a plea before the Tribunal as the communication issued by the government with regard to withdrawal of the posts was in violation of their rights under Articles 14 and 16 of the Constitution of India.
Seeking direction for their selection, the aggrieved candidates stated that the selection process pursuant to the notification issued on 1 February 2019 has been concluded and it is only the posts of Audiometry Technician which have been left out.
Notably, J&K government early this month withdrew all the posts referred to Jammu and Kashmir Public Service Commission (JKPSC) and Jammu and Kashmir Services Selection Board (JKSSB) prior to October 31, 2019.
“All posts referred to JKPSC/JKSSB prior to 31.10.2019, for which selections have not been finalised till date, as also the posts in which there are litigations and the cases are pending in Hon’ble Courts, shall be deemed to have been withdrawn with immediate effect,” government had said.
A General Administration Department (GAD) communiqué addressed to all the Administrative Secretaries on February 3, 2022, read, “The Administrative Council, vide decision No.: 1/1/2022 dated January 29, 2022, has directed- ‘All posts referred to JKPSC/JKSSB prior to October 31,2019, for which selections have not been finalized till date, as also the posts in which there are litigations and the cases are pending in courts, shall be deemed to have been withdrawn with immediate effect’.”
“Accordingly, all concerned are directed to implement these directions of Administrative Council in letter and spirit under an intimation to the GAD,” the communiqué further read, while issuing instructions to the Secretaries of two selection bodies as well.