Point of Law: Selection/Appointment - Cancellation of - Respondents to conduct a denovo enquiry into the selection process, having recourse to due process of law.

JUDGMENT :

ALI MOHAMMAD MAGREY, J.

1. The grievance projected in two of these three clubbed writ petitions, viz. W.P. (C) Nos. 3156/2019 and 3474/2019, depicts a classic representation of the age old proverb of putting the cart before the horse, making suspect the genuineness of the show cause notice issued to the petitioners. So far as the third petition, W.P. (C) No. 79/2020, is concerned, it does not involve the questions of law as arise in the above two writ petitions for determination. It would, therefore, need to be de-linked to be heard separately. Consequently, whatever is mentioned or discussed in this judgment would be in relation only to the petitioners in the aforesaid two writ petitions, W.P. (C) Nos. 3156/2019 and 3474/2019.

2. The petitioners are aggrieved of and have challenged Government Order No. 127-IND of 2019 dated 28.06.2019 issued by the Principal Secretary to Government, Industries and Commerce Department, quashing/cancelling the selections made in the Khadi and Village Industries Board pursuant to advertisement notice no. KVIB/01 of 2016 dated 08.10.2016, about twenty months after they had been appointed on the basis of such select list. They have also challenged Order no. KVB/168 of 2019 dated 14.10.2019 issued by the J&K Khadi and Village Industries Board terminating their services.

3. The second of these impugned orders, viz. order dated 14.10.2019, vide its para-2, reveals that the petitioners were appointed on the posts mentioned thereunder, viz. Executive Officer, Publicity Officer, Assistant Executive Officer and Junior Statistical Assistant, on the basis of the select list furnished by the Controller of Examination and duly approved by the competent authority. The copies of the orders of appointment appended with these writ petitions reveal that the petitioners were appointed on the respective posts on 20.02.2018.

4. Since the two petitions are clubbed together and are being dealt with by this common judgment, the relevant facts are picked and narrated from the lead case viz. W.P. (C) Nos. 3156/2019.

5. Respondent no. 2, the Jammu and Kashmir Khadi and Village Industries Board (hereinafter, the Board), established and incorporated under Section 3 of the Jammu and Kashmir Khadi and Village Industries Board Act, 1965 (hereinafter, the Act), notified 06 posts of Executive Officer and 01 post of Law Officer vide advertisement notice no. KVIB/01 of 2013 dated 26.04.2013. Vide another notification no. KVIB/02 of 2013 of even date, respondent no. 2 also notified 01 post of Field Publicity Officer, 13 posts of Accounts Assistant/Junior Auditor, 08 posts of Junior Statistical Assistant, 11 posts of Junior Assistant, 12 posts of Junior Supervisor, 14 posts of Orderlies and 01 post of Fieldman (Beekeeping). No further steps were taken by the Board pursuant to these advertisement notices thereafter till 2016.

6. In the year 2016, the Board, in super-session of the aforesaid two advertisement notifications, issued advertisement notice no. KVIB/01 of 2016 dated 08.10.2016 notifying 06 posts of Executive Officer, 01 post of Law Officer, 01 post of Publicity Officer, 02 posts of Assistant Executive Officer/Recovery Officer, 01 post of Field Publicity Officer, 23 posts of Accounts Assistant/Junior Auditor, 08 posts of Junior Statistical Assistant, 23 posts of Junior Assistant/Record Keerper, 23 posts of Junior Supervisor, 01 post of Orderly and 02 posts of Fieldmen (Beekeeping). In terms of Clause 17 of this advertisement notice, the candidates who had applied pursuant to the two superseded notifications did not need to apply afresh.

7. It appears that prior to issuance of the aforesaid notification, the Chairman of the Board on 04.10.2016 had accorded approval to the constitution of a selection committee, initiation of recruitment process afresh and to following the standing instructions of the Government with reg