Muzaffar Hussain Attar, J.

1. Appellants being aggrieved of the judgment dated 3.5.2000 passed in SWP Nos. 2260/98, 521/98 and 2323/98 have challenged the same in these LPAs which are taken together for disposal.

2. An advertisement notification was issued by Director General of Police inviting applications as per prescribed proforma from the permanent residents of J&K State for the posts of Prosecuting Officers in the J&K Police in the pay scale of 2000-60-2300-EB-75-3000 plus usual allowance as admissible under rules. Minimum educational qualification was prescribed as Law Graduate from any recognized University with minimum two years practice at Bar. It was further provided in the advertisement notification that a candidate should not be more than thirty years and not less than 18 years of age on the first day of January 1997. For male candidate minimum height was prescribed 5 ft 6 inch and chest 32 inches un-expanded (minimum) and 33 = expanded (minimum). The candidates were required to be subjected to physical test and viva voce/personality assessment test. At para (6) of the advertisement notification it was provided that only those candidates who will be found fit in physical measurement test and possessing other prescribed standards will be called for written test. It was further provided that candidates who qualify written test i.e., who get 33% marks (minimum) or above will be called for viva voce/Personality/Assessment Test. The relevant clause of the advertisement notification is reproduced as under: -

"6. Only those candidates who will be found fit in physical measurement test and possessing other prescribed standards will be called for written test. Candidates who qualify written test i.e., who get 33 % marks (minimum) or above will be called for viva voce/Personality/Assessment Test."

3. This notification was issued in the year 1997 and last date for receipt of applications were fixed as Nov. 30th 1997. Re-advertisement notification was issued in the year 1998 in which applications were invited from eligible candidates for the post of Prosecuting officers in J&K Police in the pay scale of 6500-200-10500 plus usual allowance. It was further notified that candidates who have already applied for the post in response to earlier notification need not to apply again. The educational qualification which the candidate would possess was Law Graduate from any recognized University with minimum of two years practice at Bar. The eligibility conditions as contained in earlier notification were maintained. In re-advertisement notification at para (6) the following was provided: -

"6. Only those candidates who will be found fit in physical measurement test and possessing other prescribed standards will be called for written test. Candidates who qualify written test i.e., who get 33 % marks (minimum) or above will be called for viva voce/Personality/Assessment Test."

4. Petitioners in SWP No. 2260/98, SWP 2323/98 and SWP 521/99, being eligible for being considered, selected and appointed as Prosecuting Officers also applied. After selection process was over the petitioners were not selected and appointed as Prosecuting Officers filed writ petitions, challenging the selection of some of the selected candidates, who were arrayed as respondents in the three writ petitions and selection was challenged on the following grounds:

That though, it was provided in the advertisement notification that only those candidates who qualify in written test by getting 33% marks (minimum) or above, will be called for viva voce/Personality Assessment Test, but the candidates with lesser merit than prescribed in the advertisement notification were called for viva voce/Personality Assessment Test. The respondents/selected candidates were not possessing minimum two years practice at Bar which was one of the eligibility condition and that the selection process was conducted in unfair manner. The official respondents and some of the private respondents filed r

Click Here to Read the rest of this document