The distinction between the selection and appointment processes, and the effect of policy decisions on the implementation of court orders.

JUDGMENT :

N. Kotiswar Singh, J.

1. Heard learned counsel for the petitioners and also heard learned counsel for the respondent.

2. The present contempt petition has been filed alleging non compliance and violation of the order dated 10.05.2013 passed by Division Bench in LPA No. 184/2012 and connected matters. It is worth to mention here that on the first page of the order, the date of decision is mentioned as 01.05.2013 while as at the end of the order, it seems that the order has been pronounced in terms of Rule 138(4) of the J&K High Court Rules, 1999, on 10.05.2023.

3. The matter pertains to recruitment to the posts of Assistant Information Officer Grade-II for which the advertisement was issued in 2006 where the recruitment process was to be conducted by the J&K Service Selection Board in which the petitioners had applied. However, because of certain disputes arising in the recruitment process leading to litigations which culminated with the passing of the order dated 10.05.2013 in LPA No.184/2012 and connected matters by the Division Bench to proceed with the selection process anew, with the following directions:-

“24. For the reasons stated hereinabove, the impugned judgment is upheld. The respondent Board is directed to proceed with the selection process afresh i.e. first to constitute the committees as required in terms of Rule 6(4) of the Rules of 2O1O and to fix the criteria in tune with Rule 14 of the rules of 2010 and finalize the process of selection with promptitude of the eligible candidates who have applied in response to the three aforesaid advertisement notices.”

4. The aforesaid directions of the Division Bench dated 10.05.2013 were unsuccessfully challenged by the Service Selection Board (SSB) before the Hon’ble Supreme Court which came to be dismissed on 20.02.2017. Being not satisfied, the SSB preferred a review petition, which also came to be dismissed. The end result was that the direction of the Division Bench of this Court for proceeding with the selection afresh as mentioned above, attained finality. Subsequently, the SSB constituted a Committee in 2019 for initiating the selection process afresh in terms of the direction of the Division Bench and accordingly, a notification was issued for holding the written test and interview. Accordingly, in terms of the said notification, written test was held on 20.12.2020 and those who were successful and eligible were called for interview which was conducted from 20.09.2021 to 24.09.2021.

5. However, during the said recruitment process in finalizing the select list, certain doubts arose relating to the eligibility of candidates possessing the qualification of degree in Journalism and Mass Communication, for which the Board referred to the Higher Education Department for clarification as to whether such degree holders in Journalism and Mass Communication were also eligible to take part in the recruitment process to which the Board received the response from the Higher Education Department sometime in March, 2022. In the meantime, before the SSB could finalize the select list by making the necessary recommendation, the Administration took a policy decision on 29.01.2022 after the enactment of the J&K Reorganisation Act, 2019 which was notified in terms of the Administrative Council decision No. 01/01/2022 to the effect that all posts referred to the JKPSC/JKSSB prior to 31.10.2019 for which the selections have not been finalized till date, as also the posts in which there were litigations and the cases were pending in the Hon’ble Courts, shall be deemed to have been withdrawn with immediate effect. The said decision was notified on 03.02.2022.

6. Another decision was taken by the Administrative Council on 15.03.2022 to the effect that the posts referred prior to 31.10.2019 to the JKPSC/JKSSB by different intending agencies in respect of which recommendations were received from the recruiting agencies and which were free from all encumbrances, shall be acted upon and