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Judgment
Sunil Hali, J.—After the outbreak of Kargil War, respondents held demonstration in Udhampur District over appointments to young persons
who rendered service for the army in Operation Vijay known as Kargil War. Approximately, 5000 persons from Udhampur District were selected
by respondents for working as Mazdoor (Labour) for working in three different War fronts in Kargil. Only 200 persons out of the 5000 persons
selected volunteered themselves for rendering the service to the nation at the risk of their own lives and to protect the country from the invasion of
foreign mercenaries and regular Pakistan Army.
After reaching Gumri (Drass), all the labourers including petitioners were directed to report in different units and the petitioners were attached to
6 Para Units, 2 NAGA, 1-NAGA, supplies sector 13 JAK Rifles. Thereafter, petitioners were entrusted with the job for making the supply to the
army in hilly areas. The supply includes Arms and Ammunitions to Army Jawans and Soldiers fighting at front without which it was not possible for
the Army to fight with enemies at War front. Commendation certificates were issued by Lt. Col. Rajinder Singh stating therein that the petitioners
have worked along with Army Troops in most difficult terrains of Kargil area and recommended the petitioners for being given preference for
Government/private jobs keeping in view their services to the nation in hours of need.
Advertisement Notice for recruitment was issued for Group C & D posts and the posts of Mazdoors were also advertised. Petitioners being
fully eligible as per Advertisement Notice applied for the same and were called for interview. Their physical test as conducted for three days and
they were found to be fit, but unfortunately they did not find their names in the select list. Feeling aggrieved of this, petitioners have filed the present
writ petition.
The grievance of the petitioners is that preference should have been given to those candidates who had already served in the War Zone after
risking their lives for the sake of nation. The process of selection being done in secretive manner and without disclosing the select list, appointments
were made. Petitioners seek that they be considered for appointment for the post of Mazdoor in IFOD Unit in Army.
On the other hand stand of the respondents is that recruitment of the Mazdoor has been made in terms of the Advertisement Notice issued.
After conducting physical test and interview, appointments have been made on the basis of interview. Petitioners could not make the grade and as
such were not selected.
I have heard learned Counsel for the parties.
There is no dispute that exclusion of the petitioners has been done on the basis of regular recruitment process. In view of the selection held
petitioners could not make the grade for the said post. However, it is to be noted that for making appointment to the post of Mazdoor, the service
rendered by the petitioners at Kargil during the War time was an essential feature of eligibility. It was incumbent upon the respondents to have
given preference to the petitioners over other persons who have not been deputed in Kargil. I say so because the recommendation was made by
the Lt. Col. Rajinder Singh-respondent No. 2 that the preference should be given to said persons while making appointments. There is no dispute
that selection has been made in pursuance to the advertisement notice for which this Court may have no reason to believe that the selection has not
been made strictly in accordance with law. The service rendered by the petitioners in the War Zone should have been essential qualification for the
appointment which has not been done.
I, therefore, direct that in future, if respondents make appointments to the post of Mazdoor, the case of the petitioners may also be considered
by giving them preference over other candidates for having served in the Kargil War Zone. While considering their cases, any of the petitioners
who might have crossed the age bar, the same shall stand relaxed.
Writ petition is, accordingly, disposed of.