Jammu & Kashmir High Court - Srinagar Bench
Sameer Ahmad Khan And Ors vs U.T Of J&K And Ors on 26 May, 2022
S. No. 40
Advance list
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 3749/2019
CM 7732/2019
Sameer Ahmad Khan and Ors. ...Petitioner(s)
Through: Mr. Arif Sikander, Adv.
Vs.
U.T of J&K and Ors. ...Respondent(s)
Through: Ms. Rekha Wangoo, G.A.
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
26.05.2022
The petitioners in this petition claimed to have applied for the post of
Assistant Engineer Electrical/ Assistant Engineer Civil/Assistant Engineer
Mechanical in response to advertisement notification No. 01, dated 12 th
September, 2017. The petitioners were found eligible and allowed to
participate in the selection process. The selection process was conducted by
the respondent agency through National Institute of Electronic and
Information Technology. The agency conducted the written examination on
25, 26 and 27 of March, 2018, at various centers in Jammu and Kashmir,
and accordingly, declared the results in June 2018. Candidates were
shortlisted and notified on 6th June, 2018. A revised notification was issued
on 10th August, 2018. The grievance of the petitioners is that the respondents
instead of taking selection process initiated by them in terms of
advertisement notification No. 01, dated 12th September, 2017, to its logical
end, issued impugned order on 2nd December, 2019, whereby the whole
process of engaging M/S L&N Energy Software Limited and the process of
selection conducted by said agency was terminated. Learned counsel for the
petitioners submits that impugned order dated 2nd December, 2019, was
assailed by aggrieved candidates who had participated in the selection
process for the post of Assistant Engineers Electrical/ Assistant Engineers
Civil/ Assistant Engineer Mechanical, before the Jammu wing of this Court
in WP(C) 82/2020. The bench in Jammu Wing of this High Court vide its
judgment dated 9th May, 2022, has allowed the writ petition and set aside the
impugned order dated 2nd December, 2019. The direction has been issued to
respondents to conclude the process as far as possible within a period of four
months from the passing of the judgment. The aforesaid judgment of this
Court, dated 9th May, 2022, rendered in Jammu Wing of this Court, submits
learned counsel for the petitioners, covers the case of the petitioners in this
petition.
Having heard learned counsel for the parties and perused the material
of record, it is seen that order No. 08-JKEDA of 2019 dated 2nd December,
2019, impugned in this petition was subject matter of challenge in WP(C)
82/2020, filed by the candidates similarly situate with the petitioners of this
petition who too had applied for the posts of Assistant Engineer Electrical/
Assistant Engineer Civil/ Assistant Engineer Mechanical, in response to the
advertisement notice issued on 12th September 2017. The Court considered
the issue at length and found the reasons given by the respondents for
cancelation of the process illusionary and arbitrary. The Court at Jammu has
vide its judgment, dated 9th May, 2022, set aside the impugned order and
directed the respondents to take of process of selection to its logical end.
In view of the aforesaid judgment of this Court, their remains nothing
to be adjudicated upon in this petition. This petition is accordingly disposed
of in terms of judgment dated 9th May, 2022 passed in WP(C) 82/2022. The
impugned notice dated 2nd December, 2019 is quashed with a direction to the
respondents to take selection process to its logical end.
Disposed of.
(SANJEEV KUMAR)
JUDGE
SRINAGAR
26.05.2022
"Mir Arif"
