Back
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Y.P. Nargotra, J.
Paramjeet Singh & Ors. - Appellant
Versus
State & Ors. - Respondent
SWP No. 1459/2007, 1377/2007, 1551/2007, 1452/2007, 1449/2007, 1363/2007, 1617/2006, 1299/2007, 1300/2007, 1345/2007, 303/2007, 1302/2007, 1301/2007 And 1396/2007
Decided On : 27 February, 2008
J&K Subordinate Services Recruitment Rules, 1992-Rule 13-Short listing-Sub-rule (ii) of Rule 13 is manifest that the ratio of 1:5 for short listing of candidate is minimum which is evident from the word at least used in the rule-,-It is permissible for the Board to increase the ratio to any limit-However ratio prescribed cannot be decreased.
Constitution of India-,-Article 226-Selection-Petitioners having participated in the selection process cannot be permitted to assail the result of the interviews on the grand that they performed well but were given lesser marks while the selectees mere awarded higher marks in the absence of material to show that the selection committee or any of the member was biased against the writ petitioners or was inclined to favour the selectees High Court cannot sit as a court of appeal over assessment made by Selection Committee.
J&K Reservation Rule-Rule 4-Vertical and Horizontal Reservation-As per explanation (B) appended to Rule 4, it is manifest that for Ex-serviceman category, there is. 6% Horizontal Reservation and the physically challenged persons for whom there is 3% reservation, the Horizontal Reservation would mean that reservation would cut across the vertical reservation (what is called inter-locking reservation) and the person selected against the physically challenged quota will have to be placed in the appropriate category viz. if he/she belongs to the open competition category, he/she will be placed in that category and if he/she belongs to Scheduled Caste category, he/she be placed in that quota by making necessary adjustment.
Scheduled Caste : 08% i.e. 23 posts
Scheduled Tribe : 10% i.e 27 posts Socially and educationally backward classes:
i. Week and under privileged classes (Social Caste) : 02%
ii. Residents of areas adjoining line of actual control : 03%
iii. Residents of Backward area : 20%
Open Merit : 57%
2. The eligibility qualification as prescribed was "10+2" with with 50% marks and above. However, bar of 50% marks will not apply to graduates and above. The experience is to be given preference. The Service Selection Board also published the following selection criterion:
| (i) | Basic qualification | : 40 Points. |
| (ii) | Graduation | : 10 Points. |
| (iii) | B.Ed | : 10 Points. |
| (iv) | Post Graduation | : 10 Points. |
| (v) | M.Ed. | : 10 Points. |
| (vi) | Viva Voce | : 20 Points. |
| Total | : 100 Points. |
3. For making selection the Service Selection Board in exercise of the powers vested in it under Rule 13 of the Jammu and Kashmir Subordinate Service Recruitment Rules, 1992 read with Office Order No. 732-SSB of 2006 dated 7-8-2006 constituted the interview committee comprising of the following:
(i) Mr. Shafiq Raina, KAS, Member SSB -Convenor;
(ii) Mr. Ali Asgar Chowdhary, ACD, Poonch -- Member
(iii) Mr. S.D. Dutta, Chief Education Officer,
Poonch -Member
4. With a view to reduce the number of candidates for interviews, the Selection Board short listed the candidates by applying the selection criterion quoted above minus the viva voce and issued General short list. The Selection Board on 9-2-2007 issued the following notification:-
"Notification.
In continuation to this office notification No. SSB/Secy/Int/06/10499-10526/2006 dated 4-9-2006 the claims have been received for considering for the interview for the post of `Teacher District Cadre Poonch in pursuance to notification No. 10 of 2005 dated 29-12-2005, item No. 04 on various grounds. It has been decided that the claimants shall be interviewed as per the schedule indicated in the Annexure "A" to this notification subject to the following conditions:-
1. In such cases where the candidates claim that they have been excluded for indicating wrong item number, the candidates should have indicated the choice for the post of `Teacher Poonch in the OMR form in the block where the name of the post had to be indicated.
2. The candidates should have the merit equal to or greater than the out off merit for short-listing in the respective categories.
3. Such of the candidates as claim consideration against any category should be in possession of valid certificates as on the cut off date for the notification;
4. All the candidates are held only provisionally eligible and their eligibility shall be subject to the verification of their application forms and certificates on spot by the convener, selection committee.
5. In case any candidate who has obtained direction from the Honble Court for being interviewed does not figure in the shortlist, he/she should approach the convener of the of the committee on the schedule dates for inclusion in the interview.
Secretary
Service Selection Board, Jammu
No. SSB/Sel/07/729-36/07 Dated 9-2-2007"
5. It is the case of the Board that some such left out candidates who as per their merit, should have been included in the short list but had not been included, approached the Board. Like-wise some of the left out candidates filed writ petitions in the Court, wherein the directions for interviewing them came to be issued. In respect of all such candidates the selection Board issued another supplementary short list. For the first short list the selection committee was to hold the interviews but on the date fixed out of three members, one member, namely, Sh Ali Asgar expressed his inability on personal grounds to conduct the interviews as a result of which he was replaced by Dr. Rattan Lal Bhellum
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
