STATE TIMES NEWSJAMMU: Justice Ali Mohammad Magrey in a landmark judgment held that a non-Kashmiri migrant cannot claim any right to consideration for selection and appointment against 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 of one year in a reputed automobile workshop and possession of a driving license authorizing to drive motor 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. The petitioners submitted that they possess the prescribed qualification and experience and, therefore, are entitled to be considered for appointment against the post of Motor Vehicle Inspector. Justice Ali Mohammad 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,” the court observed adding that the petitioners have neither any cause nor the locus standi to file this writ petition. “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. Under the 2009 Rules no other person is eligible to be appointed to such posts”, the court observed and added that it is 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. No person, muchless the petitioners, can have a grievance against creation of such posts as long as the 2009 Rules subsist”, the court held. High Court further observed that the petitioners, 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 said posts.
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