Srinagar: The Jammu and Kashmir High Court has upheld the government’s decision to withdraw a 2015 notification related to the recruitment of Class IV posts in the School Education Department in Budgam district.
A division bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar allowed the appeal filed by the government through the Commissioner Secretary, Education Department, and other officials. The appeal challenged an earlier judgment by the Central Administrative Tribunal (CAT), which had set aside the government’s decision to cancel the notification and declare the selection process null and void.
The original notification, issued on February 5, 2014, by the Chief Education Officer Budgam, invited applications to fill Class IV vacancies in the district’s education department. However, the selection process deviated from the criteria mentioned in the notification. Allegations of irregularities and misuse of authority were raised by several candidates, prompting complaints from various quarters.
Upon review, the Administrative Department found significant irregularities and procedural violations in the selection process. As a result, the government decided to cancel the entire process and withdraw the recruitment notification.
The selected candidates challenged this decision before the CAT, which ruled in their favour and quashed the government’s cancellation order. However, the High Court overturned the CAT’s verdict, stating that the government’s decision to withdraw the flawed selection process was legitimate and based on a proper fact-finding inquiry. The bench noted that “two wrongs cannot make a right” and emphasised that the move aimed to ensure a fair and lawful recruitment procedure.
The court further clarified that if the authorities initiate a fresh selection process, candidates who had applied earlier and were within the eligible age at that time will not be considered over-aged for the new recruitment.
