JKSSB Forester Posts Selection Process has been Stayed by CAT Jammu
JKSSB Forester Posts Selection Process has been Stayed by CAT Jammu: The operative part of the Order reads as, “the impugned notices No. JKSSB-COE0EXAM/UT/10/2023-04 (7055504) dated 10.07.2024 and JKSSB-COE0EXAM(UT)/31/2024-03 dated 05.09.2024 issued by Respondent No. 3 pursuant to Advertisement Notice No. 04 of 2022 to the extent of filling up of posts of Forester are stayed till the next date of hearing
PARDEEP SINGH
Vs
FOREST DEPARTMENT
For Applicant(s) Advocate : Mr. Abhinav Sharma, Sr. Advocate assisted by Mr. Ravi Abrol
For Respondent(s) Advocate : Mr. Sudesh Magotra, A.A.G. for Respondent No. 1, Mr. Hunar Gupta, D.A.G. for Respondents No. 2 to 4
Order of The Tribunal
Miscellaneous Application No. 931 of 2024
Miscellaneous Application No. 931 of 2024 has been filed by the applicants under Rule 4(5) of C.A.T. (Procedure) Rules, 1987 seeking permission of this Tribunal to join and pursue this O.A. together. Since, the cause of action and nature of relief prayed for by all the applicants is similar, the M.A. is allowed.
Original Application
Heard the learned Sr. Counsel for the applicants.
It is contended by Mr. Abhinav Sharma, learned Sr. Counsel that impugned notices No. JKSSB-COE0EXAM/UT/10/2023-04 (7055504) dated 10.07.2024 and JKSSB-COE0EXAM(UT)/31/2024-03 dated 05.09.2024 have been issued not only in contravention to the interim order dated 23.09.2022 passed by this Tribunal in O.A. No. 1338 of 2022, whereby the selection process in pursuance to Advertisement Notice No. 04/2022 dated 27.07.2022 to the extent of filling up of posts of Forester (Jammu Division) was stayed, but also in contravention to the committment made by the learned Sr. A.A.G. on the basis of communication bearing No. PCCF/LO/2522 dated 15.11.2017 issued by the Additional Principal Chief Conservator of Forest (Central), before the Hon’ble High Court of Jammu & Kashmir in SWP No. 2332 of 2017 titled Mohammad Yousuf Ganai & Ors.Vs State of J&K and ors.
It is further submitted by the learned Sr. Counsel that in terms of direction of Hon’ble High Court in the aforesaid SWP, the respondents had to conclude the process for amending the recruitment rules for the post of Forester in terms of the aforesaid communication dated 15.11.2017 within six month’s time, however, the respondents instead of amending the rules, issued advertisement Notice No. 04 of 2022 dated 27.07.2022 and prescribed the same eligibility qualification viz ’10+2 or equivalent qualification with science subject’ for the post of Forester, which was stayed by this Tribunal vide order dated 23.09.2022, by halting the selection process. JKSSB Forester Posts
Learned Sr. Counsel prayed for interim relief that impugned notices No. JKSSBCOE0EXAM/UT/10/2023-04 (7055504) dated 10.07.2024 and JKSSBCOE0EXAM(UT)/31/2024-03 dated 05.09.2024 be stayed.
Mr. Sudesh Magotra, learned A.A.G. and Mr. Hunar Gupta, learned D.A.G. appearing on advance notice vehemently opposed the prayer of the applicant for grant of interim relief and sought some time to file counter affidavit.
Heard and considered.
Having heard the learned counsels for the parties, we are of the view that ex facie impugned notices issued by Respondent No.4 are in contravention of the interim order dated 23.09.2022 earlier passed by this Tribunal in O.A. No. 1338 of 2022, thus, the applicants have a prima facie case, at this stage, in as much as, if the process for Physical Endurance Test (PET)/Physical Standard Test (PST) is initiated in pursuance of the impugned notices, the applicants will suffer irreparable loss.
Accordingly, the impugned notices No. JKSSB-COE0EXAM/UT/10/2023-04 (7055504) dated 10.07.2024 and JKSSB-COE0EXAM(UT)/31/2024-03 dated 05.09.2024 issued by Respondent No. 3 pursuant to Advertisement Notice No. 04 of 2022 to the extent of filling up of posts of Forester are stayed till the next date of hearing.
List on 14.11.2024.
Let the respondents file detailed counter reply by or on the next date of hearing.
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JKSSB Forester Posts Selection Process has been Stayed by CAT Jammu: Official Notification
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