NAVEED KHURSHEED vs DPI E&S EDUCATION (M) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD appointment to advertised post — 2023 PLC(CS) 1023 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2023 PLC(CS) 1023 HIGH-COURT-AZAD-KASHMIR
Year: 2023
Reporter: PLC
Parties: NAVEED KHURSHEED vs DPI E&S EDUCATION (M) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD appointment to advertised post
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAVEED KHURSHEED VS DPI E&S EDUCATION (M) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD appointment to advertised post---Temporary appointment as against the advertised permanent appointment---Scope---Petitioner along with others applied for six posts of Junior Clerk---Petitioner was placed at Serial No. 11 of the merit list wherein it was mentioned that the list was effective for six months---Candidates falling at Serial Nos. 1 and 10 were appointed as teachers; the candidates at Serial Nos. 6 and 8 were initially appointed but on indication of fake degrees they resigned from the job whereas candidates falling at Serial Nos. 2, 5, 7 and 9 of the merit list were appointed---Respondents adjusted the petitioner on temporary basis of which petitioner was aggrieved and sought direction for his permanent adjustment---Contention of department was that the petitioner had failed to bring his grievance before the competent authority within prescribed period of his permanent appointment in the light of merit, therefore, his claim at belated stage could not be entertained---Validity---Petitioner could not be blamed for procrastination on the part of official respondents---Department was duty bound to redress the grievance of the petitioner when the posts had fallen vacant due to indication of fake degrees---When the petitioner had applied for open competition against a vacant post and had come up to the mark thus a valuable right had created in his favour which could not be snatched by way of procrastination---Constitutional petition was accepted and the respondents were directed to appoint the petitioner against the post of Junior Clerk in the light of his meritorious position.

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