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2015 Supreme(J&K) 219
JAMMU & KASHMIR HIGH COURT
Bansi Lal Bhat, J.
Sunayana - Appellant
Versus
JKSSB and ors. - Resopndent
SWP No. 1481 of 2012, CMA No. 2238 of 2012
Decided On : 28-07-2015
For Petitioner(s):Mr. J.P. Gandhi, Advocate.
For Respondent (s):Mr. K.M. Bhatti, Advocate for R-1 to 3.
Mr. Vikas Magotra, Advocate for R-4.
Compliance with eligibility criteria, including the production of required certificates within the stipulated time, is essential for the selection process.
Headnote:
Certiorari - Selection of Physiotherapist - Advertisement Notice No. 8 of 2010 - Clause VI(j) - Bonafide and Migration Certificates - Distance Mode/Study Centre Mode Degrees - Compliance with Eligibility Criteria
Fact of the Case:
The petitioner applied for the post of Physiotherapist and was provisionally selected but later had her selection withdrawn due to failure to produce bonafide and Migration Certificates in the prescribed format within the stipulated time. The petitioner contested the withdrawal, claiming that she was not asked to produce the certificates and that her representation was rejected unjustly.
Finding of the Court:
The court found that the petitioner failed to comply with the requirement of producing the bonafide Certificate and Migration Certificate in the prescribed format within the stipulated time, leading to the rightful withdrawal of her selection and the final selection of another candidate.
Issues: The main issue was whether the petitioner's failure to produce the required certificates within the stipulated time justified the withdrawal of her selection and the final selection of another candidate.
Ratio Decidendi: The court held that compliance with the eligibility criteria, including the production of bonafide and Migration Certificates in the prescribed format within the stipulated time, was essential for the selection process. The petitioner's failure to meet this requirement justified the withdrawal of her selection and the final selection of another candidate.
Final Decision: The petition was dismissed, and the court found no merit in the petitioner's claims.
1. Following reliefs are claimed in the instant petition: -
i) A writ of certiorari quashing Notice No. SSB/Sel/Secy/1394 dated 30.05.2012 issued by respondent No. 3 by virtue whereof the selection of petitioner for the post of Physiotherapist in Health and Medical Education Department, Divisional Cadre Kashmir was withdrawn and cancelled and respondent No. 4 was directed to produce the bonafide and Migration Certificate for her selection against the post of Physiotherapist.
ii) A Writ of Mandamus directing the official respondents to select the petitioner to the post of Physiotherapist in Health and Medical Education Department, Divisional Cadre Kashmir and recommend name of petitioner for issuance of appointment order in her favour.
2. As per averments in the petition, respondent No. 3 issued Advertisement Notice No. 8 of 2010 dated 24.12.2010 inviting applications for different posts including the post of Physiotherapist Divisional Cadre Kashmir. Petitioner, claiming to be holding Bachelors Degree in Physiotherapy from Dr. Bhim Rao Ambedkar University, Agra and Masters Degree in Physiotherapy from Ch. Charan Singh University, Meerut applied for the post of Physiotherapist Divisional Cadre Kashmir. Petitioner was shortlisted and called for interview under Open Merit Category though she had applied under Reserved Category of Scheduled Caste. She figured at Serial No. 14 of the shortlist in Open Merit Category. Petitioner appeared before the Selection Committee and was interviewed on 1st February, 2012. Respondent No. 3 issued provisional select list wherein petitioner was selected as Physiotherapist under the Reserved Category of Scheduled Caste. It is claimed that the petitioner was not directed to produce the bonafide and Migration Certificates from concerned institutes but despite the same, respondent No. 3 issued impugned notice dated 30th May, 2012 by virtue whereof provisional selection, of petitioner was withdrawn and cancelled ab initio and respondent No. 4 was directed to produce bonafide and Migration Certificates. Petitioner claims to have filed representation before respondent No. 3 and annexed copies of bonafide and Migration Certificates with the representation. Administrative Officer of J&K Service Selection Board Jammu (hereinafter to be referred to as “the Board”) forwarded the representation of petitioner to respondent No. 3 for consideration which, however, did not yield fruit. Aggrieved thereof, petitioner has assailed the impugned Notice dated 30th May, 2012 on the ground that neither in the provisional shortlist nor in the provisional selection list, petitioner was asked to produce the bonafide and Migration Certificates; instead petitioner was asked to produce all original certificates before the selection Committee which she did and she was selected provisionally after verification of the documents; that after her provisional selection, official respondents issued the impugned notice withdrawing and cancelling her selection without giving an opportunity of being heard to petitioner; that the Administrative Officer of the Board had recommended the case of petitioner for final selection, thus, the impugned notice could not be sustained.
3. Respondent Nos. 1 to 3 have filed objections contesting the petitioner's claim on the ground that the petitioner had failed to present the bonafide certificate in the prescribed format before the Selection Committee and was, therefore, included in the provisional select list subject to production of bonafide certificate from B.R. Amdekar University as per proforma of the Board and Migration Certificate. It is further pleaded that the terms and conditions for selection had been incorporated in the Advertisement Notification, Clause VI(j) whereof read as under;
“The degree/diploma obtained through distance mode/study centre mode except from IGNOU and DOEACC/MANU, shall not be entertained/considered unless such degrees/diploma are recognized by University of Kashmir
