The main legal point established is that the selection criteria and methodology must adhere to statutory rules and not prejudice the candidates.

Vide Advertisement Notice No. 03/2006 dated 28.12.2006, amongst other posts, posts of Assistant Information Officer Grade -II, two each posts for Jammu Division and Kashmir Divi­sion, were advertised. The eligibility qualification was prescribed as under: -

"Graduate with diploma in Jour­nalism with aptitude of writing features & translating English into Urdu/Hindi & vice versa. Can­didates with History, as a subject in Graduation shall be given pref­erence."

2. The criteria fixed by the J&K Ser­vice Selection Board for selection was notified on 18th July, 2007 to the follow­ing effect:

i. Graduation = 30 points (Prorata)

ii. Graduation in Journalism = 20 points (Prorata)

iii. Diploma in Journalism = 10 points (Prorata)

iv. Weightage to history as one of the subjects in Graduation = 10 points (Prorata)

v. Aptitude test/Writing features and translation = 10 points (Prorata)

vi. Masters in Journalism & Mass communication = 10 points (Prorata)

vii. Viva voce = 10 points

Total = 100 points.

Note: The aptitude test shall be con­ducted before short listing.

3. The process of selection was not initiated. In the meantime one more advertisement notice bearing No. 03 of 2008 dated 05.05.2008 was issued, in terms whereof for filling up 09 posts of Assistant Information Officer Grade - I (State cadre) with following break - up were advertised:

OM = 07

RBA = 01

SC = 01

The education qualification was prescribed as under: -

"Graduation with certificate course in Journalism from a rec­ognized University and aptitude of writing features, translating English into Urdu/Hindi & vice versa. Preference will be given to Diploma holders in journalism and candidates with History as a sub­ject in Graduation."

4. Again the process of selection was not initiated. In the meantime, vide Govt. order No. 29 - ID of 2008 dated 25.09.2008, post of Assistant Informa­tion Grade - I was re-designated as As­sistant Information Officer. 38 such pots were created against correspond­ing reduction of equal number of posts of Assistant Information Officer Grade - II.

5. One more advertisement notice bearing No. 8 of 2010 dated 24.12.2010 was issued, in terms whereof, in addi­tion to other posts, 13 posts of Assis­tant Information Officers (State cadre) were notified to be filled up with the following break-up

OM = 7

SC = 1

ST = 1

RBA = 3

ALC = 1

The eligibility qualification has been prescribed as under: -

"Graduate with Diploma in Jour­nalism with aptitude of writing features and translating English into Urdu/Hindi and vice versa. Candidates with History as a sub­ject in Graduation shall be given preference."

6. The Services Selection Board no­ticing the conflict in the eligibility qualification i.e. in Advertisement No­tice No. 3 of 2008 qualification pre­scribed was Graduation with certifi­cate course in Journalism instead of Graduation with Diploma in Journal­ism, had taken up the matter with the intending department i.e. Information Department. The intending depart­ment vide its communication dated 16.9.2011, addressed to Chairman, J&K Services Selection Board, has clarified the position by stating that in the Ad­vertisement Notice No. 3 of 2008, the words "Graduate with Certificate course" have appeared in requisition letter due to oversight when in accor­dance with J&K Information (Subordi­nate) Services Recruitment rules, 1993 notified vide SRO 69 dated 02.04.1993, the required qualification for the post of Assistant Information Officer Grade - I is as under:-

"Graduate with Diploma in Jour­nalism with aptitude for writing features, translating English into Urdu/Hindi & vice versa. Candi­dates with History as a subject in Graduation will be given prefer­ence."

7. Subsequently, J&K Services Se­lection Board in its extraordinary Board meeting held on 08.10.2011 decided that a speaking notice vis-a-vis quali­fications and amendments made from time to time by the Information Depart­ment and r