The court upheld the rejection of the petitioner's claim for appointment, finding no violation of the writ Court's order as he did not meet the necessary qualifications under the applicable Recruitment Rules.

ORDER :

1) The petitioner has sought initiation of contempt proceedings against the respondent for violating order dated 01.08.2018 passed by the writ Court, whereby a direction has been passed against the respondents to accord consideration to the case of the petitioner in light of the judgment rendered by a Division Bench of this Court in case titled Vishiv Deep Singh v. State of J&K and Ors, reported in 2017(1) SLJ 110, provided that he is similarly situated.

2) The statement of facts/compliance report stands filed by the respondents, in which it has been submitted that the case of the petitioner was considered and examined in light of the order passed by the writ Court and the recruitment rules in vogue, but he has not been found to be eligible for appointment against the post of Jr.Assistant, as such, his claim has been rejected. The respondents have issued consideration order dated 09.10.2019 in this regard.

3) The petitioner has filed the response to the said compliance report, in which it has been contended that as per the recruitment rules applicable to the case of the petitioner, he is entitled to be considered for the post of Jr.Assistant, as he is holding the qualification of 10+2 with Diploma in Computer Application, but the respondents have not considered this aspect of the matter.

4) Heard learned counsel for the parties and perused the record of the case.

5) As per claim of the petitioner which he has made in response to the compliance report, he is having qualification of 10+2 with Diploma in Computer Application. As per the Recruitment Rules of 2017, a copy whereof has been placed on record by the petitioner, the minimum qualification for appointment to the post of Jr.Assistant is Graduation from any recognized University with 35 words per minute speed in typing. Admittedly, the petitioner is neither a Graduate nor does he possess typing speed of 35 words per minute. Therefore, he could not have been appointed as a Junior Assistant.

6) The Recruitment Rules of 2017 provide that the basic qualification for the post of Bee Keeper is 10+2 with Science subjects. According to the petitioner he is 10+2 with Diploma in Computer Application. Petitioner has not stated anywhere that he has passed 10+2 examination with Science Subjects, nor has he placed on record any document that would show that he has passed the said examination with Science Subjects. Therefore, it cannot be stated that the petitioner was eligible for appointment as Bee Keeper in terms of Recruitment Rules of 2017. The case of the petitioner has been considered by the respondents in the year 2019 when the Rules of 2017 had come into vogue. Therefore, his case could not have been considered in terms of Rules of 2004.

7) In view of the foregoing discussion, I do not find that by rejecting the claim of the petitioner the respondents have committed any violation of the order passed by the writ Court. The contempt proceedings are, therefore, closed. The petition is disposed of.