HC stays PSC notification to conduct screening test of  AE’s

Srinagar, December 25: The order for conducting screening test for recruitment in 44 posts of Assistant Engineers (Electric) issued by Public Service Commission has been stayed by the J&K High Court untill next date of hearing.

As reported by local daily news, the petition was filed by Munshi Majid in Jammu and Kashmir High Court where in the bench of Justice A M Magrey issued the stay orders by virtue of which the operation of Notification No.PSC/ Exam/ AE (Electric)/2013 dated December 12, 2015 issued by the PSC notifying the date and time of screening test for short listing of the candidates against the posts of Assistant Engineers (Electric) in response to Advertisement Notification No.15-PSC (DR-P) of 2013 dated August 12, 2013 was stayed.

The petition was named as Munshi Majid Ali versus State and Others. The Justice Magrey heard the counsels for the petitioner and respondents and came to the observation that the petitioners have questioned the Advertisement Notice dated 12.08.2013 issued by PSC for filing up 44 posts of Assistant Engineers (Electrical) as also notice dated 12.12.2015, whereby the Commission has notified date and screening test for short listing of the candidates on the grounds that the posts advertised belong to promotional quota of the Degree Holder Junior Engineers (Electrical).

The justuce said that the counsel for the petitioners have submitted that out of sanctioned strength of 460 posts of Assistant Engineers (Electrical) 92 posts are required to be filled up by direct recruitment and 92 posts are required to be filled up by promotion of Diploma Holder Junior Engineers and rest of 276 posts are required to be filled up by promotion of Degree Holder Junior Engineers

The High Court further observed that the respondent-Government has already exhausted 20% quota of direct recruits in terms of the J&K Engineering (Gazetted) Service Recruitment Rules, 1978 and the posts referred to are already occupied by the Junior Engineers of diploma holders/Jr Engineers of Degree holders, when as a matter of fact, respondent-Government has failed to notify the seniority list of the Junior Engineers of Degree holders so as to enable them to be promoted in accordance with the scheme of the rules.

It has been submitted that the respondents have failed to comply with the directions passed by the Supreme Court in Suraj Parkash Gupta & Ors Versus State of J&K and have utilized promotional posts against the direct recruits”, Justice Magrey further observed, adding “the vacancy position with reference to distribution of the quota prima-facie shows that the Government has already utilized the direct recruitment posts, therefore, they owe an explanation as to how the requisition is made against promotional posts.

The court also observes that the counsel for the petitioners has also invited the attention of this court to the orders passed in SLP titled Mohammad Haneef Lone and Others Versus Ashok Kumar Sharma and Others, whereby the Supreme Court while issuing notice directed the respondents to maintain status quo.

Along with the observations, a notice returnable within four weeks has also been issued by the court.

In the meanwhile, Notification No. PSC/Exam/AE(Electric)/2013 dated 12.12.2015 notifying the date and time of screening test for short listing of the candidates against the posts of Assistant Engineers (Electric) in response to Advertisement Notification No. 15-PSC(DR –P) of 2013 dated 12.08.2013 shall stay till next date before the bench”.

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