J & K Inst.Of Mgt.Publi Admin & Rur Devt vs Renu Bala & Ors

2. The facts giving rise to the present litigation, in a nutshell, are as under:

4. As per the select list prepared by the appellant alongwith other candidates, respondent Nos. 7 and 8 were selected to be appointed.

5. A candidate named Renu Bala, respondent No. 1 herein, was not selected and therefore, she had filed Writ Petition No.93 of 2005 in the High Court of Jammu and Kashmir at Jammu challenging the selection procedure as well as the appointments to be made. In the said petition it was alleged that the selection procedure was relaxed in favour of Shri Ashok Kumar Koul, respondent No. 8 herein. Some allegations had also been leveled against a candidate named Gharu Ram, respondent No. 7 herein but subsequently allegations leveled against him had not been pressed. Allegations were leveled only against Shri Ashok Kumar Koul to the effect that undue favour was done to him in the matter of his selection as he was an in-service candidate. It was alleged that he would not have been included in the select list if genuineness of the certificates produced by him had been fully examined. Moreover it was alleged that undue favour was done to him by the selection committee.

6. After hearing the concerned parties and looking to the facts of the case, the learned single Judge of the High Court came to the conclusion that the allegations made in the petition filed by Renu Bala, who is respondent No.1 in this appeal were genuine. Certain provisions had been relaxed in favour of Shri Ashok Kumar Koul and the said relaxation made in favour of Shri Ashok Kumar Koul had violated rights of all other candidates, who had applied for the posts. The learned single Judge, therefore, allowed the petition with costs and directed the appellant to appoint present respondent No.1 to the said post.

14. In our opinion, while deciding the appeal, the Division Bench of the High Court has exceeded its jurisdiction by directing the appellant to amend the Recruitment Rules and therefore, we quash and set aside the impugned judgment dated 10th March, 2010. We also clarify that the directions given by the learned single Judge about imposition of costs and giving appointment to Ms. Renu Bala are also quashed.

15. Upon setting aside the impugned judgment of the Division Bench, the Judgment delivered by the learned single Judge would operate and therefore, name of Shri Ashok Kumar Koul shall stand removed from the select list. Subject to other formalities being done by the appellant, the persons next to Shri Ashok Kumar Koul shall be selected for the posts in question in accordance with the existing Recruitment Rules. Mr. Sinha, learned senior counsel, appearing for the original petitioner has submitted that Ms. Renu Bala will get selected as per her position in the select list. Be that as it may, if Ms. Renu gets her name included in the select list, she or any other person who gets into the select list shall be appointed in accordance with law after doing necessary formalities by the appellant.

16. As a result, the appeal is allowed with no order as to costs.

..........J. (DIPAK MISRA) New Delhi August 7, 2013.