Selected candidates with equivalent diploma entitled to appointment; discrimination against similarly situated violates Articles 14 & 16.

ORDER 

Per:- Mr. Sanjeev Gupta, Member (J)

The issue involved in Original Applications No. 940 of 2021, 941 of 2021, 948 of 2021 & 954 of 2021 are similar and, as such, having heard together, they are being decided by this common order. For the sake of brevity, the Original Application No. 940 of 2021 has been taken as the lead case.

2. The facts, in brief, leading to filing of the aforesaid Original Applications are that advertisement notification No. 06 of 2008 dated 30.05.2008 and Advertisement Notice No. 01 of 2011 dated 31.01.2011 were issued by the respondents inviting applications for posts of “Horticulture Technician Grade-IV”, from eligible candidates for filling up different posts for District Cadre Doda, Poonch, Kathua, Jammu and Udhampur. The prescribed qualification in the advertisement notification for the aforesaid post was “10+2 with one year basic Horticulture Training”. The applicants herein possess 10+2 with one year diploma in Horticulture and they have applied for the said post. The applicants participated in the selection process and qualified the same. The names of the applicants in O.A. No. 61/940/2021 and 61/941/2021 were shown in the final selection list No. DIP/JK-1535 dated 30.05.2012, whereas names of applicants in O.A. No. 61/954/2021 & O.A. No. 61/948/2021 also figures for the said post in their respective district cadres under different categories, however, no formal appointment order was issued in their favour.

3. It is averred in the O.A.’s that some of the similarly situated candidates, which also includes some of the applicants, who were aggrieved with the inaction of the respondents in issuing the appointment orders, approached the Hon’ble High Court by filing SWP Nos. 2732 of 2014, SWP No. 694 of 2015 & SWP No. 1168 of 2015. The said SWPs were disposed of by Hon’ble High Court with a direction to respondents to consider the case of the petitioners therein for their appointment as Horticulture Technician-IV. However, the respondents vide Government Order No. 320-Agri of 2015 dated 12.10.2015 rejected their case on the ground that they were not eligible for appointment in the department as their certificates were unauthorized and invalid.

4. It is further averred that the aggrieved candidates again approached the Hon’ble High Court by filing SWP No. 2947 of 2015 titled Surinder Singh &Ors Vs. State of J&K and others challenging the rejection order dated 12.10.2015 issued by General Administration Department (Respondent No. 1). The Hon’ble High Court after hearing both the parties vide judgment dated 04.10.2017 held that order No. 320-Agri of 2015 dated 12.10.2015 is contrary to records. The Hon’ble High Court further held that there was absolutely no justification in denying appointment to the petitioners. Consequently, the Writ Petition was allowed and the Government Order No. 320-Agri of 2015 dated 12.10.2015 was quashed and the respondents were directed to issue appointment orders in favour of the petitioners therein, who were selected for the post of Horticulture Technician Grade-IV pursuant to Advertisement Notice No. 06 of 2008 dated 08.05.2008. The respondents filed LPA against the judgement & order passed in SWP No. 2947 of 2015 before the Division Bench of Hon’ble High Court which was dismissed being without any merit. The respondents preferred Special Leave Petition before the Hon’ble Supreme Court which was also dismissed on 04.07.2019 and thereafter, the Review Petition filed by the respondents was also dismissed on the ground of delay as well as on merits vide order dated 15.