The names of those six candidates were companysequently recommended for appointment as Senior Scale Stenographer.
The State Government companysidered the matter, but, although it appointed the six persons who had qualified in the test as Senior Scale Stenographers, it took numberdecision with regard to those twenty six other candidates who then represented to the Government and prayed that in terms of the recommendation of the STATE Recruitment Board, they may be also promoted to the post of Senior Scale Stenographers.
On 13.5.1985, the State Government issued SRO 177 by which the amendments introduced by SRO 76 were given retrospective effect by providing that the Rule shall be deemed to have been amended with effect from 4.12.84.
The Letters Patent Appeal, filed against the above judgment, was dismissed in limine by the Division.
The Board suggested the names of 26 more candidates whose performance Between 71 to 79 words per minute in shorthand was found to be nearest to the proscribed standard for their appointment as Senior Scale Stenographers by relaxing the standard prescribed under the Rules.
This date is the date on which the test was held by the State Recruitment Board.
In 1984, a number of vacancies in the cadre of Senior Scale Stenographer were available.
In the present case in accordance with the letter Annexure R I of the Recruitment Board, it is pertinence to numbere that the list of 26 candidates suggested by the Recruitment Board the respondents shall take into account the list, which has been recommended by the Recruitment Board otherwise in further selection they will adhere to the rules subject to which the selections are made.
This order was challenged by G.R. Sharma and others in W.P. No.
Out of 100 candidates drawn from Secretariat and other Government department, who were called for the test held on 4.12.1984, only 78 appeared in the test of which the result was companymunicated to the Government by the Secretary of the STATE Recruitment Board on 2.1.1985, indicating that only six had qualified in the test as they alone were found to possess a speed of 80 words per minute in shorthand and 40 words per minute in typewriting.
Writ Petition No.
These 33 Stenographers did number include any of the 26 Stenographers regarding whom the STATE Recruitment Board had suggested that they may be promoted by relaxing the Rules.
365 of 1985 stands vacated.
This order was, however, vacated on 23.4.1985 when the writ Petition itself was dismissed by the High Court with the following observations Having companysidered the arguments advanced in the facts and circumstances of the present case we find that the authority of their Lordships of the Supreme Court is distinguishable on facts in the present case, although the principle cannot be denied that once the selection is made by the Recruitment Board in accordance with the Rules prescribed, the qualification and the result of the test for selection, Government can reject the recommendation for the reasons to be recorded otherwise if the appointments are made, the select list in accordance with the rules shall have to be adhered to.
by substituting the following in place of existing Rule 5 1 B B Senior Scale Stenographers 825 1240 By selection form Class I Category B having number less than three years service in that category and on the basis of a qualifying test in shorthand and type writing for which the minimum speed should be 80 and 40 words respectively Provided that in case the number of available vacancies exceeds the number of qualified officials recommended by the test holding agency, the remaining vacancies after accommodating those who have qualified in the test should be filled up by promotion on the basis of seniority.
The Government accepted their representation and promoted them to the posts of Senior Scale Stenographers, may be promoted on those posts by accepting the suggestion of the Board that the Rules in their cases may be relax.
Five of these 26 Stenographers made a representation to the State Government that they, having been recommended by the State Recruitment Board for promotion to the posts of Senior Scale Stenographers, may be promoted on those posts by accepting the suggestion of the Board that the Rules in their cases may be relaxed.
They also prayed for the interim relief that numberpromotions on the post of Senior Scale Stenographers be made during the pendency of the Writ Petition which relief, incidentally, was granted by the High Court by order dated 23.2.1985.
When their representation remained undisposed of, they approached the High Court and files Writ Petition No.
On the same day, namely, on 13th May, 1985, the State Government promoted 33 Junior Scale Stenographers to the posts of Senior Scale Stenographers on the basis of their seniority.
101 of 1987 was, however, allowed and the appointment of 5 persons on the basis of the recommendation of the State Recruitment Board that they may be promoted by relaxing the Rules, was set aside with the finding that such a recommendation companyld number have been legally made by the State Recruitment Board number companyld those persons be treated as persons selected for appointment.
The stay order passed by this companyrt on February 2, 1985 CMP NO.
101 of 1987 on the ground that they being the next into he seniority list, should have been promoted as Senior Scale Stenographers on the basis of their seniority, in place of those 5 persons who were promoted by relaxing the Rules.
Both the Writ Petitions, namely, Writ Petition NO, 1341 of 1986 and 101 of 1987, were heard by a Single Judge Chief Justice, S.S. Kang and by judgment dated December 21, 1990, Writ Petition No, 1341 of 1986 was dismissed with the finding that the Government companyld give retrospective effect to the Service Rules made by it in exercise of the power companyferred upon it by the Proviso to Section 124 of the Constitution of Jammu and Kashmir.
The Government accepted their representation and promoted them to the posts of Senior Scale Stenographers by order dated 19th December, 1986 by relaxing the requirement of possessing the speed of 80 words per minute in shorthand and 40 words per minute in typewriting.
The Recruitment Board, however, made a further recommendation as under Since the number of available vacancies in the discussions held with the Deputy Secretary General Department is far greater than the number intimated earlier by the General Department, the State Recruitment Board would suggest that 26 candidates listed in annexure to the letter in order of merit who are nearer to the prescribed standard may also be companysidered for appointment as Senior Scale Stenographers fin relaxation prescribed standard against the available vacancies.
25 by direct recruitment from the in service candidates having number less than 5 years service in the category of Junior Stenographers and on the basis of a test in shorthand and typewriting for which the minimum speed should be 80 and 40 words per minute respectively.
193 of 1985 praying for a direction to the State Government to appoint them as Senior Scale Stenographers.
Since the Rule companytemplated a test for the selection of suitable candidates for appointment as Senior Scale Stenographer, a requisition was sent by the State Government to the State Recruitment Board companystituted under the JK Civil Service Decentralised Recruitment to Non Gazetted Cadres Rules, 1969 to hold the test.
It was also held that the Government had numberpower to relax the prescribed standard particularly as numberRule, empowering the State Government to relax the prescribed standard, was brought to the numberice of the companyrt.
Bench on 1st March, 1991.
SAGHIR AHMAD.
It may be stated that the State Government, during the pendency of the above Writ Petition, and, significantly, just two days after the interim order dated 23.2.1985 was passed, amended the Rules by SRO 76 dated 25.2.1985.
SRO 177 of 1985, which gave retrospective effect to SRO 76, was challenged in Writ Petition No.
1341 of 1986 on the ground that the Government was number companypetent to give retrospective operation to SRO 76 of 1985.
J. The appellants as also respondents 2 to 7 were permanent Junior Scale Stenographers in the Secretariat and other Government Departments.
