1. When the present matter was taken up for preliminarily hearing it was suggested to the learned counsels that let the process of selection and appointment proceed and can be made subject to outcome of the petition. But the learned counsels insisted for consideration and final disposal of the case.

2. Since the pleadings are complete. The petition is admitted to hearing and considered for final disposal.

3. This petition pertains to the selection of candidates for the post of Veterinary Assistant Surgeon in Animal Husbandry Department and Veterinary Assistant Surgeon in Sheep Husbandry Department. Vide notification no. 3-PSC of 2010 dated 28th May 2010, State Public Service Commission notified 28 posts of Veterinary Assistant Surgeon in Animal Husbandry Department. Applications were invited for these posts and the qualification prescribed was Bachelors Degree in Veterinary Science and Animal Husbandry from a recognized University. Last date for receipt of applications was fixed as 28th June 2010.

4. On 4th June 2010 another notification was issued in continuation to notice no. 3-PSC of 2010 dated 28th May 2010 which gave the break up of the posts. It also notified 27 posts of Veterinary Assistant Surgeons in Sheep Husbandry Department in addition to 28 posts of Veterinary Assistant Surgeons in Animal Husbandry Department notified under notification no. 3 PSC of 2010 dated 28th May 2010. Break up for both the category of posts was given as under:-

Discipline OM RBA SC ST ALC SLC Total

Veterinary 15 06 03 03 01 - 28

Assistant

Surgeon

in Animal

Husbandry

Deptt.

#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;#30;

Veterinary 15 05 03 03 01 - 27

Assistant

Surgeon

in Sheep

Husbandry

Deptt.

5. Other conditions contained in the notice dated 4th June 2010 were as under:

"Note I: Qualification for the posts as mentioned in the notification dated 28/05/2010 viz. Bachelors Degree in Veterinary Science and animal husbandry from a recognized university" shall remain unchanged.

Note. II: The other terms and conditions in the notification no. 03-PSC of 2010 dated 28.05.2010 shall remain the same including procedure as may be adopted for shortlisting of candidates in pursuance as may be adopted for shortlisting of candidates in pursuance of Rule 40 of J&K Public Service Commission (Business and Procedure) Rules, 1980.

Note. III: The last date for receipt of application as mentioned in the notification viz. 28.06.2010 shall remain unchanged."

6. Thereafter process of selection started. The petitioners as well as private respondents participated in the process. In the process, the petitioners have been dropped, while as, private respondents got selected against the posts notified vide notice dated 4th June 2010. Petitioners are aggrieved of the same.

7. Various pleas have been raised to assail the selection made but the main contention raised by the petitioners in the writ petition which was vehemently reiterated by Mr. Naik during arguments is that the State Public Service Commission has clubbed two posts i.e. Animal Husbandry Gazetted Services posts and Sheep Husbandry Gazetted Services by issuing 2nd notice dated 4th June 2010 which is not permissible under the Jammu and Kashmir Public Service Commission (Business and Procedure) Rules 1980.

8. Respondents have filed their re-Ply.

9. It is stated by them that Animal and Sheep Husbandry Department vide their requisition dated 24.05.2010 referred 28 posts of Veterinary Assistant Surgeons in Animal Husbandry Department. The Commission accordingly advertised these posts with category wise breakup vide notification dated 28.05.2010. Meanwhile, Animal and Sheep Husbandry Department vide their letter dated 25.05.2010 referred 27 pots of Veterinary Assistant Surgeons in Sheep Husbandry Department. Since for both these posts requisite, qualification is same viz. BVSC & AH, the Commission in order to

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