Raj Kumar vs M. S. Saleem Secy. Jkssb And Others
2021 Latest Caselaw 210 j&K

                                                               S. Nos. 111
             HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU

                                             CM No. 1715/2021
                                             in
                                             CPSW No. 407/2017


Raj Kumar                                                      ...Petitioner(s)

                  Through :- None

                 v/s
                  <




M. S. Saleem Secy. JKSSB and others
't
                                                           .....Respondent(s)

                  Through :- Mr. Ravinder Gupta, AAG
Coram:       HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                    ORDER

1. Order dated 20.10.2016 is yet to be complied with by respondent

No. 3-Direcotor School Education, Jammu.

2. In the statement of facts filed on behalf of respondent No. 1, it is

evident that the judgment on the part of Services Selection Board has been

complied with. The J&K Services Selection Board vide its order No. 44-SSB of

2020 dated 21.01.2020 has cancelled the selection of one Jyoti Prashad and has

recommended the candidature of the petitioner-Raj Kumar for appointment and

formal orders, to be issued by the Director School Education, are awaiting for the

last one year.

3. The respondents have not tendered any explanation except stating

that somewhere in the month of November, the matter was taken up with the

Administrative Department for instructions to which the Administrative

Department has responded vide communication dated 21.01.2021 and has raised

certain queries. It is submitted by Mr. Ravinder Gupta, learned AAG, that the

in CPSW No. 407/2017

queries have been replied on 22.02.2021, but no instructions from the

Administrative Department have been received.

4. From a perusal of the documents/communications placed on record

by the Director School Education, it appears that the matter is being tossed from

Directorate to Administrative Department only with a view to delay the

implementation of the judgment passed by this Court.

5. It is a case of prima facie contempt committed by both the Director

School Education as well as the Secretary, School Education. However, before

framing the robkar and on the request of Mr. Ravinder Gupta, learned AAG, a

week's time is granted to come up with the compliance, failing which, the

Director School Education and the Secretary School Education both shall appear

in person on the next date of hearing.

6. List on 12.03.2021.

(SANJEEV KUMAR) JUDGE JAMMU 01.03.2021 Shivalee