HC sets aside notice on publication of Urdu syllabus for Naib-Tehsildar’s test
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HC sets aside notice on publication of Urdu syllabus for Naib-Tehsildar’s test


HC sets aside notice on publication of Urdu syllabus for Naib-Tehsildar’s test

Published on :27 Oct,2017 By :- UNT News Desk

Astro India Automobile Pvt. Ltd, Jammu

Giving major relief to the candidates appearing in written test for the post of Naib-Tehsildar, Jammu and Kashmir High Court on Thursday set-aside the notification on publication of syllabus with regard to descriptive test in Urdu subject.
Justice Tashi Rabstan in bunch of petitions after hearing Advocate Abhinav Sharma, Senior Advocate D.C Raina with Advocate Anuj Dewan Raina observed that Supreme Court explained the purport of the aforesaid formulation by holding that the government cannot be permitted to say that it will give jobs or benefits only in favour of those having grey hair or belonging to a particular political party or professing a particular religious faith or practicing a particular or special activity.
Justice Tashi Rabstan observed that in the present case, respondents-Board has not produced any document by virtue of which Government has issued any instructions giving power to the selection Board to publish separate syllabus for the Urdu subject to be conducted in descriptive type test earmarking 30 marks for it. However, the only requirement as per the rules is Graduation with knowledge of Urdu. The knowledge of Urdu is not defined in the rules therefore publishing of syllabus for separate test is violation of rules as well as mandate of Articles 14 and 16 of Constitution of India.
Justice Tashi Rabstan observed that Jammu and Kashmir Service Selection Board vide Advertisement Notice No.1 of 2015 dated April 7, 2015 invited applications for various posts of State/Divisional/District Cadres including 134 posts of Naib Tehsildar, break up of which is 82 under Open Merit, 14-RBA, 13-SC, 13-ST, 2-ALC, 1-OSC, 6-ESM and 3-HC. It is contended that as per Advertisement Notice, minimum qualification prescribed for the post of Naib Tehsildar is Graduation with knowledge of Urdu. Petitioners being fully eligible applied for the posts of Naib Tehsildars in pursuance of aforesaid notification. Petitioners contend that Advertisement Notification itself does not specify as to which standard, such knowledge of Urdu is required to be possessed by the petitioners and there is no practice of including Urdu in the descriptive type test. It is contended that respondents in terms of notice dated July 31, 2015 published syllabus for written test for the posts in question, wherein besides other stipulations, 30 marks were earmarked for descriptive test in Urdu. It is contended that in terms of aforesaid notice, respondents-authority has, for the first time, in violation of earlier notifications as well as other criteria, kept a separate written test for the subject Urdu, which has the effect on contesting persons without Urdu as a subject, which is against the mandate of Articles 14 and 16 of Constitution of India. It is also the contention of petitioners that prior to issuance of notice dated April 7, 2015, respondents have advertised posts of Naib Tehsildar on the basis of Jammu and Kashmir Revenue Subordinate Recruitment Rules, 1973, followed by its amendment in 2003 vide SRO No.178 and lastly as per present recruitment criteria laid down by recruitment rules of 2009.
The impugned notice has deprived the petitioners of fair chance of competition as the petitioners have neither studied Urdu language in their elementary schooling nor till 10th standard. The recruitment rules of 2009 only prescribe for knowledge of Urdu but that does not mean respondents can fix separate written test in Urdu subject.
With these observations, Justice Tashi Rabstan set-aside the aforesaid notification.

Nexa Peaks Auto, Gandhi Nagar, Jammu