Jammu and Kashmir High Court: In a letter addressed to the Chief Justice of J&K High Court, surfacing on social media, raising concern about the lack of recruitment for gazetted cadre posts in the Union Territory (UT) of Ladakh over the past five years, thereby, causing distress and uncertainty among the educated youth of Ladakh, a Division bench of Tashi Rabstan, CJ., and Puneet Gupta, J., directed that the concern letter be treated as a Public Interest Litigation (PIL).
In the instant matter, the High Court Registry took cognizance of the letter and placed it before the Chief Justice. The letter claimed that the lack of recruitment for gazetted cadre posts in the Union Territory (UT) of Ladakh over the past five years had caused distress and uncertainty among the educated youth of Ladakh. It was stated that this inaction violated the principles of natural justice and contravened Articles 14 (Right to Equality) and 16 (Equality of Opportunity in Public Employment) of the Constitution of India.
The Court noted that Article 320 of the Constitution of India outlines the duties of the Union and State Public Service Commissions, including conducting examinations for appointments to services of the Union and States, respectively and Section 93 of the Jammu and Kashmir Reorganisation Act, 2019 states that the Public Service Commission for the erstwhile State of Jammu and Kashmir shall continue for the Union Territory of Jammu and Kashmir and the UPSC, with the approval of the President, shall serve the recruitment needs of the UT of Ladakh.
The Court observed that the representation lacked details on whether the petitioners had approached the Union Public Service Commission (UPSC), New Delhi, which is the appropriate authority as per the relevant provisions. The Court took note of the same and deemed it necessary to involve the UPSC and the UT of Ladakh as respondents. The Court directed —
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The impleadment of the Union Public Service Commission, New Delhi (through its Chairman), and the Union Territory of Ladakh (through its Chief Secretary) as party respondents in the petition.
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The Registry to prepare a memo of parties and issue notices to the respondents, requiring them to file their responses within six weeks.
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The order to be published in print and electronic media in Ladakh to inform the aspirants.
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The Registrar Judicial to take steps for the publication of the order.
The Court listed the next hearing for the matter on 25-11-2024.
[Gazetted Aspirants Residents of Ladakh v. Union Territory of Ladakh, 2024 SCC OnLine J&K 860, Decided on 16-10-2024]
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