The petitioner through this writ petition is seeking quashment of order No. 515-GAD of 2000 dated 8.5.2000 by which respondents 3 to 5 have been allotted J&K Police Gazetted service by changing their original departments of allocation. The petitioner also seeks issuance of mandamus to the respondents to allot him J&K Police Gazetted service.

2. J&K Public Service Commission invited applications from eligible candidates for appearing in Combined Services Competitive Examination to be held by the Commission by Notification Nio.15aa/95/26th Asad, 1917 dated 17th July 1995. The petitioner being eligible candidate applied for taking the aforesaid examination and was allotted Roll No. 15488. Respondents 3 to 5 also applied. The petitioner and the said respondents appeared in the preliminary, main examination as well as in the interview and were selected for appointment. Respondent No. 2 vide its notification No. PSC/Ex/99/25 dated 26.4.1999 issued the select list of various candidates, including the petitioner. In the said list petitioner was shown at S.No. 243 whereas respondents 3 to 5 were shown at S.Nos.244, 246 and 251 respectively. The petitioner belonged to Scheduled Tribe category. Respondents 3 to 5 were selected under Open Merit category. The petitioner and respondents 3 and 5 were allotted J&K Accounts Gazetted service and respondent No. 4 was allotted J&K Cooperative Gazetted service. After the allocation of departments the petitioner and respondents 3 to 5 appear to have applied for change of their respective departments. The Government vide its order No. 515-GAD of 2000 dated 8.5.2000 ordered for change of departments of respondents 3 to 5 to J&K Police Gazetted service and directed their adjustment against the newly created four additional posts of Dy.S.Ps. in the pay scale of Rs. 7500-12000. As the change of department was not allowed in favour of the petitioner, he has filed the present writ petition seeking the above said direction.

3. The case of the petitioner is that he possessed better merit than respondents 3 to 5 and as such if the change of department was to be allowed, then it should have been allowed in his favour instead of respondents 3 to 5.

4. The stand of respondent No. 2, Public Service Commission, as reflected in the counter affidavit, is that vide SRO 161 of 1995 dated 17.7.1995 the State Government notified as many as 18 services against which posts in gazetted cadre were required to be filled up on the basis of Preliminary examination, written (Main) and viva-voce. The posts were accordingly advertised. Thereafter preliminary, written test, as well as viva voce test were conducted by the Commission and accordingly candidates were recommended for appointment according to their merit, suitability and roster points. It was admitted that the petitioner was shown at S.No. 243 and was allotted J&K Accounts Gazetted service as per his merit and suitability coupled with order of preference and roster point. His merit position has been detailed by the Commission in the counter affidavit as follows:-

NAME	ROLL NO.	MERIT NO.     ROSTER NO. 560   243
Iftikhar Hussain	15488
Preference given by the Petitioner in his application Form.	No. of vacancies	Candidates allotted service from amongst ST category having higher merit than the petitioner
1. Jr. K.A.S.	01	70
2. Revenue	02	112 and 177
3. Sectt.	02	235 and 325
4. Police	08	128,170,196,352,384,385,444, 469 and 492.
5. Tourism	-
6. E&T	01	344
7. CD&NES	02	371 and 480
8. I&C	01	438
9. Social Welfare	01	529, 540, 556, 560.
10. Accounts.	05	566, 572, 580, 581, 598.

5. As regards the allocation of J&K Accounts Gazetted Service to the petitioner is concerned the petitioner has no grievance against the Commission. Petitioner feels aggrieved only of the action of the Government whereby change of department has been allowed to respondents 3 to 5. The action of the State needs to be taken note of. It has been stated in the counter affidavit filed on behalf of the State as follows:-

"That the representation

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