JUDGMENT :

Rajesh Bindal, J.

1. Order dated 28.05.2019 passed by the learned Single Judge, dismissing the writ petition, has been impugned by filing the present intra-court appeal.

2. Issue pertains to selection and appointment to the post of Secretary, J&K Academy of Art, Culture and Languages (for short ‘the Academy’).

3. Learned counsel for the appellant submitted that the Academy was established way-back in the year 1963 with an object to promote art, culture and languages in the State of Jammu and Kashmir. There are many posts in different cadres in the Academy. These are governed by the Jammu and Kashmir Academy of Art, Culture and Languages Services Recruitment Rules, 2006 (for short ‘the Recruitment Rules of 2006’). One of the senior most post in the executive cadre is of the Secretary. Advertisement was issued on 01.03.2019 by the Deputy Secretary, Department of Culture inviting applications on behalf of Search Committee for appointment to the post of Secretary of the Academy. Last date fixed for submission of applications was 14.03.2019.

4. Going backward, it was submitted that the Government had constituted the Search Committee vide order dated 29.01.2019 consisting of a Chairman and five members. Later on, some issue having been raised regarding nomination of the Chairman, he was replaced by Prof. Rattan Lal Shant. As per order dated 29.01.2019, the Search Committee was to submit its recommendations to the President of the Academy within a period of one month. The petitioner who is working as Additional Secretary in the Academy had also applied for the post of Secretary.

5. After the issuance of advertisement, no steps were taken by the Search Committee to recommend the candidates. The petitioner filed writ petition in this court on 02.04.2019 praying that the advertisement dated 01.03.2019 calling for applications for appointment as Secretary of the Academy be quashed as the same does not lay down any qualification, experience, terms and conditions, etc. on the basis of which the candidates could be short-listed. Further direction was sought to prescribe proper procedure, lay down qualifications, conditions of service before calling for applications.

6. The Recruitment Rules of 2006 deal with recruitment to various posts in the Academy. There are seven different cadres and the top most herein is the executive cadre. Schedule ‘A1’ details out various posts in the executive cadre. The post of Secretary is the top most one in the executive cadre. He also referred to a table annexed with the paper book which provides for qualifications for recruitment to various posts in the executive cadre. The post of Secretary has been shown as the major head of the Department. He is to be appointed by the President of the Academy in accordance with the provisions of Clause 8(a) of the Constitution thereof. No qualification as such has been prescribed.

7. A perusal of the document at page 98 of the paper book suggested that it may be a draft prepared, however, on a pointed question to the learned counsels for the parties, it was not disputed that the qualifications and the procedures prescribed therein, was final.

8. Referring to Clause 8(a) of the Constitution of the Academy, it was submitted that the Secretary is to be appointed in consultation with the Government of Jammu and Kashmir.

9. Further reference was made to the Office Memorandum dated July 30, 2007 issued by the Ministry of Personnel, Public Grievance and Pensions regarding setting up of Search Committee/Search-cum-Selection Committee to submit that the procedure prescribed therein should be followed as guidance though it may not be strictly binding.

10. Reference was also made to the advertisement issued by the Northern Zone and Cultural Centre inviting applications for the post of Director thereof wherein complete details regarding eligibility criteria has been prescribed.

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