RAJAN GUPTA AND JUGAL KISHORE ANAND Vs. STATE

JUDGEMENT

(1.) BACK -door entry into the Government service has again invited the attention of this Court through the medium of the present petition.

(2.) RESPONDENT No. 4 Owais Ahmed who is the son of the then Cabinet Minister of State came to be appointed as Assistant Tourist Officer in relaxation of rules vide Order No. 1421 -GAD of 1998 dated 29.10.1998. Petitioner Rajan Gupta (in SWP No. 1363/2000) who claims to be a Post Graduate with Diploma in Management and Post Graduate in Marketing Management and knowledge of German language is highly qualified. Similarly, petitioner Jugal Kishore Anand (in SWP No. 1235/2000) is B.Sc, LL.B, with Master of Business Administration (MBA); P.G. Diploma in Tourism Administration with 18 months Post Graduation Course in Advance Computer applications and One year Accountancy Training from Northern Zonal Accountancy Training Institution, J&K Govt, is highly qualified person. Both the petitioners have challenged the appointment of respondent No. 4 Owais Ahmed on the grounds that the same is un -constitutional and violative of Articles 14 & 16 of the Constitution of India. Respondent No. 4 has been appointed only on account of the influence of his father, who was a State Cabinet Minister at the relevant time. The post in question has not been filled up through any process of selection nor the eligible candidates including the petitioners who were better qualified and more suitable have been provided opportunity for seeking their consideration in such appointment.

(3.) OFFICIAL respondents have filed the objections wherein the stand taken is that the appointment of respondent No. 4 has been made by the Government in relaxation of rules to alleviate the sufferings of the State Subjects and in the interest of public and general administration. It is averred that the appointment of respondent No. 4 in relaxation of rules is not actuated by any influence of his father. The State Government considered various applications received from numerous persons affected by militancy in the State and the Competent Authority exercised the jurisdiction and authority in several cases and made appointments in relaxation of rules.