The J&K High Court has directed the government to consider and appoint those petitioners as Naib-Tehsildars, who had challenged appointment of 29 candidates for being ineligible for the post.
"Consider and appoint the petitioners on the posts of Naib Tehsildars against the vacancies which stand already reserved in terms of the Court Orders in these writ petitions," a bench of Justice Muzaffar Hussain Attar said while directing the respondents to implement the judgment within four weeks.
"In case of those of the petitioners who might have crossed the upper age limit for entering into Government services, it shall be deemed that relaxation is granted in the upper age limit. The petitioners in this situation shall be given all the service benefits including the seniority from the date the private respondents have been appointed on the posts of Naib Tehsildars," the court added.
The petitioners, however, the court said, will not be entitled to any monitory benefit for the period between appointment of private respondents and till the date of their appointments.
While providing relief to the petitioners, the bench held that there were two ways to provide relief to the petitioners. "One mode is to quash the selection/appointment of private respondents (appointees) and direct the official respondents to appoint the petitioner on these posts. The other mode is to maintain the selection/appointment of the private respondents and direct the official respondents to appoint the petitioners," the court said.
It said, "In the facts and circumstances of this case and in view of the law laid down by the Supreme Court in the judgments referred to at bar by S R Hussain and even by B A Bashir, the second mode would be equitable."
Senior Advocate, B A Bashir representing the petitioners submitted that the post of Naib Tehsildar in terms of Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules, 1973 of which schedule was substituted by SRO 178 dated 3rd June, 2003, would require a candidate to be a graduate and having passed Matric in Urdu as one of the subjects.
While AAG, Nissar Hussain Shah representing the government submitted the official respondents had taken a stand in the reply affidavit that relaxation of recruitment rules was sought in respect of private respondents which was granted, Advocate S R Hussain claimed that his clients were eligible on the terms and conditions of advertisements issued.
In 2002, 2005 and 2008, Services Selection Board had invited applications for the posts of Naib Tehsildars and after completing the selection process in 2009, some aggrieved candidates approached the court with the plea that some ineligible candidates were selected as they were not having Urdu as one of the subjects in Matric.