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N. KOTISWAR SINGH, JAVED IQBAL WANI
Ishfaq Tantray – Appellant
Versus
Khalid Jahangir – Respondent
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:-
The distinction between the selection and appointment processes, and the effect of policy decisions on the implementation of court orders.
(1) Writ Petition – If termination order is assailed on the ground of violation of principles of natural justice or fundamental rights guaranteed under Part III of Constitution, such a grievance can ....
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
The main legal point established in the judgment is that the cancellation of the entire selection process should only be considered if there is no chance of segregating genuine candidates from those ....
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