Jammu, Oct 22 : In a landmark judgment, Justice Ali Mohammad Magrey on Tuesday held that non-Kashmiri migrants cannot claim any right to consideration for selection and appointment against the posts created from time to time in the Valley under the Prime Minister's Special Package for return and rehabilitation of Kashmiri Migrants to the Valley and rehabilitation of the Kashmiri Pandits who have stayed back in the Valley.
This significant direction has been passed in a petition challenging the three advertisement notifications in this petition, fundamentally, on two grounds: first that for the post of MVI the Jammu and Kashmir Transport Controller's (Subordinate) Service Recruitment Rules, 1974 (1974 Rules), apart from the requisite qualifications mentioned therein, prescribe a working experience at least one year in a reputed automobile workshop and possession of a driving licence authorizing to drive a cycle, heavy goods vehicles and heavy passenger motor vehicles; second that as per the aforesaid 1974 Rules there is no post of Sub-MVI or Assistant MVI existing in the department.
On these two counts, the petitioners have sought quashing of the advertisement notices. Justice Magrey while dismissing the petition observed that in order to maintain this writ petition, the petitioners are required to show to the Court that they have a cause of action and locus standi to file this writ petition for the reliefs claimed by them in the writ petition; they have to demonstrate to the Court that their right to consideration guaranteed under Articles 16 of the Constitution of India has been infringed or taken away or that they are equally placed with migrants as defined under the 2009 Rules.
This is so for the simple reason that these posts have been specially created in the Valley under the Prime Minister's Special Package for return and rehabilitation of Kashmiri Migrants to the Valley and rehabilitation of the Kashmiri Pandits, the Court observed. It is, therefore, immaterial whether the post of Sub-MVI or Assistant MVI is or is not borne on the sanctioned strength of the Department in terms of the 1974 Rules. Under the 2009 Recruitment Rules, the Government is fully authorised to create such posts in different departments, as it may think appropriate, for achieving the objective specified therein.
High Court further observed that the petitioners, being not eligible for consideration against the posts in question, they being not migrants within the meaning of the word as defined in Rule 2(d) of the 2009 Rules, cannot claim any right to consideration for selection and appointment against the posts.(UNI)