Jammu & Kashmir High Court - Srinagar Bench
J&K Service Selection Board vs Ashiq Hussain Shah And Others on 3 May, 2021
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
RP no. 49/2021 in
LPA no. 36/2020
CM no. 2705/2021
CCP (S) no. 554/2019
(Virtual Mode)
J&K Service Selection Board
.... Appellant(s)
Through: Mr Mir Suhail, AAG
Mr Sajjad Ashraf, GA
V/s
Ashiq Hussain Shah and others
... Respondents/ R. Petitioners
Through: Mr S. A. Naik, Advocate
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Vinod Chatterji Koul, Judge
ORDER
03.05.2021
Per Magrey, J
01/- The Letters Patent Appeal, LPA, bearing no. 36/2020 was disposed of in the
following terms:
i) "The Commissioner-Secretary to the Government, PWD
department shall constitute a committee of the officers
from the State Board of Technical Education; Directorate
of Technical Education and the Service Selection
Recruitment Board. The needful shall be done within one
week from today.
ii) The Secretary, J&K Service Selection Board, Director
Technical Education and Secretary, State Board of
Technical Education shall examine the claim of the
petitioners on the strength of the certificates in question.
While undertaking such exercise, the Committee shall also
hear the respondents/ petitioners in person who shall be at
liberty to produce all the documents in support of their
claim.
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iii) In the event the Committee comes to the conclusion that
the certificates in question are genuine and meets the
requirement of State Board of Technical Education, they
shall be entitled to the relief claimed in the writ petition.
The report shall be submitted to the SSB and Government
for doing the needful. However, if it comes to the fore that
the certificates in question are actually not genuine and
they have not appeared in any examination in this behalf,
therefore, do not meet the requirement of the State Board
of Technical Education, the matter shall be deemed to be
closed with the report of the Committee on such lines."
02/- The review petitioners/ respondents have filed the review petition seeking
review of the judgment supra vis-a-vis constitution of the Committee, for verifying
the genuineness of the certificates in question, comprising Commissioner-Secretary
to the Government PWD/ R&B department; Director Technical Education;
Secretary Service Selection Recruitment Board and Secretary Board of Technical
Education is concerned on the ground that the appellants cannot do justice in the
matter because they have already litigated as appellants against the review
petitioners/ respondents, therefore, their report may prejudice the rights of the
review petitioners.
03/- While disposing of the LPA, we were persuaded to record findings qua the
genuineness of the certificates in question by some Committee, but while doing so
we have erred in including the members of the Committee who were already party-
appellants before us.
04/- In the above background, we are convinced that the court has erred in
forming the Committee, as such, while allowing the review petition, we recall the
order to that extent only and dispose of the appeal in the following terms:
i) The Service Selection Recruitment Board shall take up the
matter with the Director General, Employment & Training
Government of India, Ministry of Labour Now Skill
Development in short DG&T New Delhi, for verification of
the certificates granted by the Kissan Institute of
Technology R.S. Pora Jammu. The DG&T shall, on receipt
of the material, hear the parties and extract any other
information required in this behalf from the relevant
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which shall be forwarded to the Commissioner-Secretary to
the Government PWD/R&B Department, J&K as also to the
Secretary Service Selection Recruitment Board, for further
course.
ii) The follow up action shall be taken on the basis of the
report of the DG&T New Delhi. The needful, on receipt of
the material, from the Service Selection Recruitment Board,
shall be done by the DG&T New Delhi as expeditiously as
possible and not later than six months.
The review petition shall stand disposed of accordingly.
Copy of the order be sent to the Director General, Employment & Training
Government of India, Ministry of Labour Now Skill Development in short
DG&T New Delhi, for compliance.
This order shall form part of the judgment dated 23.04.2021 delivered in
LPA no. 36/2020.
CCP (S) no. 554/2019
In light of the disposal of the LPA, the contempt petition shall stand
disposed of as settled.
(Vinod Chatterji Koul) (Ali Mohammad Magrey)
Judge Judge
Srinagar
03.05.2021
Amjad Lone PS
AMJAD AHMAD LONE
2021.05.03 12:10
I attest to the accuracy and
integrity of this document
