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Panchayat Secy selection: HC modifies interim order, allows Govt to appointment 1395 candidates

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STATE TIMES NEWS

JAMMU: Justice Wasim Sadiq Nargal of Jammu & Kashmir and Ladakh High Court modified interim order in Panchayat Secretary selection process and allows government to go ahead with appointment of 1395 candidates.
Justice Wasim Sadiq Nargal after hearing Adv Wasim Akram Qazi for the petitioner whereas AAG Amit Gupta for the UT, observed that it is very strange that the petitioners instead of participating in the selection process, have filed the instant writ petitions with a view to stall the selection process by way of misrepresentation of the facts and on mere apprehension, as they have based their claim on the draft rules, the proposal of which has already been rejected by the competent authority.
High Court further observed that due to the passing of the interim orders in the aforesaid writ petitions, the whole selection process has been stalled and as per the learned counsel appearing for the official respondents, the department is suffering due to dearth of staff and has prayed for vacation of the interim orders. Even otherwise also, this Court is prima-facie of the view that the petitioners have no locus to challenge the selection process for direct recruitment, as there is no preferential fundamental right of the petitioners for seeking regularization. Thus, it can safely be concluded that the Jammu and Kashmir Service Selection Board being a creature of the statute, is under an obligation to carry out and finalize the selection process for the advertised posts strictly in accordance with the rules/regulations occupying the field and not as per the draft proposal, which has since been rejected by the competent authority and after hearing both the sides, Justice Wasim Sadiq Nargal is of the opinion that no fruitful purpose will be served to extend the interim directions, which are being harshly working against the interests of the candidates, who have since been selected and not being appointed due to the rider imposed by this Court and in the aforesaid backdrop, the interim directions passed by this Court vide orders dated June 16 and 24, 2022 in all the above-stated writ petitions are hereby vacated and the official respondents are directed to finalize the selection process, expeditiously.
Court further ordered that the selection/appointment of the selected candidates shall be subject to the final outcome of the instant writ petitions.

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