Vide order dated 2nd June, 2001 issued by Secretary, Jammu and Kashmir Academy of Art, Culture and Languages, Srinagar, one Mrs. Deepali Wattal, respondent No. 4 herein, was appointed temporarily against the post of Assistant Instructor, Vocal, available in the Institute of Music and Fine Arts, Jammu, carrying the pay scale of Rs. 5000-8000 plus usual allowances. Two petitioners in this writ petition have challenged her appointment on the ground that the appointment was made surreptitiously without the post being advertised.

Petitioner No. 1 is stated to be an Agricultural Graduate and petitioner No. 2 holder of Masters Degree in Business Administration. In the petition it is stated that the services in Jammu and Kashmir Academy of Art, Culture and Languages are governed by the Jammu and Kashmir Academy of Art, Culture and Languages Recruitment Rules, 1996. The post of Assistant Instructor, Vocal, is a direct recruitment post and the qualifications prescribed for the post are (i) Matriculation; (ii) Sangeet Vishard (B. Music) in concerned field from a recognised University/Institute. It is stated that respondent No. 4 is not eligible to man the post of Assistant Instructor, Vocal, in the Academy and is thus a usurper of the post. Petitioners have, accordingly, sought a writ of quo-warranto in addition to writs in the nature of certiorari and mandamus.

Respondent No. 4 in her reply has stated that she has obtained Bachelors Degree in Arts with Music as one of the subjects from University of Kashmir. Thereafter, she has obtained Masters Degree in Music from Punjab University. She is also Senior Diploma Holder in the subject of "Vocal" from Prayag Sangit Samiti, Allahabad . She has also obtained Diploma in the subject of "Vocal Classical" from Pracheen Kala Kendra, Chandigarh. It is also averred in the reply that respondent No. 4 has earned awards and prizes from various institutions, including the Jammu and Kashmir Academy of Art, Culture and Languages. She has also been conferred the highest musical award by Sharika Peeth Sanstha, Jammu. She is also registered as a Music Artist with Government of India through Radio Kashmir, Jammu. Respondent No. 4 in paragraphs 1(f) to 1(i) of her reply has further given details of the awards and certificates of merit awarded to her various institutions. All these factual averments are supported by relevant certificates copies whereof have been appended with the reply as exhibits "RD/A to RD/F"

I have heard learned counsel for the parties and have carefully gone through the record.

Admittedly, the petitioners, who are challenging the appointment of respondent No. 4, are not qualified to hold the post of Assistant Instructor, Vocal, in the Academy. On the other hand, respondent No. 4 is not only holder of Degree of Master of Arts in Music, but also holds Diplomas in Music (Vocal) from two renouned Music Centres. The averment that respondent No. 4 was not eligible is belied by the certificates produced by respondent No. 4, which are not denied by the petitioners.

The ground of challenge taken by the petitioners is that her appointment is violative of Articles 14 and 16 of Constitution of India as no applications were invited from eligible candidates. Learned counsel for respondent No. 4 has argued that the writ petition is not maintainable, as the writ of quo-warranto cannot be issued because the post against which she has been appointed is not a public post, nor Service Recruitment Rules of the Jammu and Kashmir Academy of Art, Culture and Languages are statutory in nature.

After hearing learned counsel for the parties, I find merit in the submission of learned counsel for respondent No. 4.

A brief background of the establishment of the Academy may be noticed. The State of Jammu and Kashmir has always had the distinction of rare and unparalleled, diverse and variegated art, culture and languages. The framers of the State Constitution thought it fit to make provisions in the Constitution to provide for

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