CAT restrain PSC for declaring final selection result of AE Civil

Jammu May-17-2023:- Central Administrative Tribunal directed PSC that the final result with regard to AE Civil selection shall not be declared without leave of this Tribunal.

This significant order has been passed in a petition in which petitioners are aggrieved of impugned notification No. 28-PSC(DR-P) of 2022 dated 26.12.2022, whereby and whereunder 50 posts of Assistant Engineers (Civil) Jal Shakti Department Level -8A (50700-160600) have been advertised by respondent no. 2 pursuant to a requisition made by the respondent no. 1 for making selection against the aforesaid posts, in respect of 20% quota fixed for making direct recruitment against the post of Assistant Engineers from persons possessing Bachelor’s Degree in the relevant branch of Engineering, without referring the vacancies of Assistant Engineers to the extent of 60% for the purpose of making promotions to the Departmental Promotion Committee from and amongst Jr. Engineers having Bachelor of engineering degree with atleast 03 year service as Jr. engineer, as per the mandate of J&K Engineering (Gazetted) Service Recruitment Rules, 1978 read with subsequent amendment carried through the medium of SRO 297 of 2006 dated 14.09.2006 and also as per the mandate contained in sub rule 2 of rule 2 of J&K Civil Services (Reference of Vacancies and Holding of Meetings of Departmental Promotion Committees) Rules, 2005, which rule provides for reference of vacancies in the promotion quota to the Departmental Promotion Committee, at least twice a year i.e. in the month of January and July & further seeking to quash impugned notice dated 28.03.2023 issued by the respondent no. 2 to the extent the same provides for conducting the written test on 14.05.2023 for short listing of candidates against the post of Assistant Engineer (Civil) in Jal Shakti Deptt. (notification No. 28-PSC(DR-P) of 2022 dated 26.12.2022.

Suresh Kumar Monga Judicial Member of Central Administrative Tribunal after hearing Sr. Adv Abhinav Sharma with Adv Abhimanyu Sharma for the petitioners, issued notice to the respondents to show cause as to why the Original Application be not admitted for hearing.

Deputy AG Hunar Gupta accepted notice on behalf of UT whereas Adv FA Natnoo accepted notice on behalf of PSC.

CAT order as an interim measure, a direction is issued to the respondents to continue with the selection process of the Assistant Engineers (Civil) in Jal Shakti Department pursuant to notification No. 28-PSC (DR-P) of 2022 dated 26.12.2022. However, the final result with regard to said selection shall not be declared without leave of this Tribunal. JNF