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2015 Supreme(J&K) 650
Jammu & Kashmir High Court
Hasnain Massodi, J.
Sabha Farooq Pandit & Ors. - Appellant
Versus
State of J &K & Ors. - Respondent
SWP No. 1555/2011, CMP No. 2589/2011, CMP No. 3261/2011 C/w SWF No. 1526/2011 & CMP No. 2528/2011
Decided On : 18-12-2015
For the Appellant(s)/Petitioner(s):Mr. Z.A. Qureshi, Advocate in SWP No. 1555/2011 & Mr. B.A. Bashir, Sr. Advocate in SWP No. 1526/2011
For the Respondent(s):Mr. B.A. Bashir, Sr. Advocate in SWP No. 1555/2011 & Mr. Sajad Mir, Dy. AG.
Headnote:
Selection Criteria - Eligibility Dispute - Matric, C.P.Ed, B.P.Ed/B.P.E, M.P.Ed, Graduation, Outstanding Sports Certificate, Viva-voce - [KEYWORD] - [SUBJECT] - [i) Matric = 15 points ii) C.P.Ed = 15 points iii) B.P.Ed/B.P.E = 15 points iv) M.P.Ed = 15 points v) Graduation = 05 points vi) Outstanding Sports Certificate = 05 points a) National = 10 points b) International = 20 points vii) Viva-voce = 20 points - The court discussed the eligibility criteria and selection criteria for the posts, focusing on the dispute regarding the entitlement of the petitioner to 10 points awarded for her participation in the 1st National Women Yoga Championship. The court analyzed the selection record, the criteria laid down by the Selection Committee, and the verification of the petitioner's certificates by the State Sports Council. It emphasized the importance of participation in events organized by recognized sports bodies and the expertise of the Sports Council in determining the status of outstanding sports persons at the national and international level. The court concluded that the petitioner's participation in the event did not entitle her to the extra points, and upheld the cancellation of her appointment. The court also directed the appointment of another candidate against the vacancy created by the cancellation of the petitioner's appointment.
Fact of the Case:
The petitioner participated in the selection process for the post of Physical Education Teacher and was appointed based on her claimed participation in the 1st National Women Yoga Championship. The State Sports Council verified the certificates and found the event not recognized, leading to the cancellation of the petitioner's appointment. Another candidate, Mr. Mohammad Aslam Beigh, sought appointment against the vacancy created by the cancellation.
Finding of the Court:
The court found that the petitioner's participation in the event did not entitle her to the extra points, and upheld the cancellation of her appointment. It also directed the appointment of Mr. Mohammad Aslam Beigh against the vacancy created by the cancellation of the petitioner's appointment.
Issues: Dispute over the entitlement of the petitioner to extra points for her participation in the 1st National Women Yoga Championship, and the appointment of another candidate against the vacancy created by the cancellation of the petitioner's appointment.
Ratio Decidendi: The court's decision was based on the verification of the petitioner's certificates by the State Sports Council, the eligibility and selection criteria laid down by the Selection Committee, and the importance of participation in events organized by recognized sports bodies.
Final Decision: The writ petition filed by the petitioner was dismissed, and the challenge to the cancellation of her appointment was held not to succeed. The writ petition filed by Mr. Mohammad Aslam Beigh was allowed, and the respondents were directed to appoint him against the vacancy created by the cancellation of the petitioner's appointment.
1. Jammu and Kashmir Service Selection Recruitment Board (SSRB for short) vide Advertisement Notices Nos. 03 of 2006 dated 28.12.2006 and 06 of 2008 dated 28-05-2008, invited applications from eligible candidates for 102 Posts of Physical Education Teachers in Youth Service and Sports Department of State Government. Ms. Sabha Farooq Pandit-Petitioner in SWP No. 1555/2011, responded to the Advertisement Notice. She partici-pated in the selection process and found place in the select list notified by the respondent Board on 4th July 2010. The Board vide its Communication NO. SSB/Sel/Secy (PET)/010/1792-97 dated 31st May 2010, recommended petitioner for appointment as Physical Education Teacher in the respondent: Department. She was accordingly appointed vide Order No. 25-DYSS/Estt of 2010 dated 29th July 2010. The District Youth Service and Sports Officer vide Order No. DYSSO/Sgr./700-09 dated 27th August 2010, placed petitioner's service at the disposal of Zonal Physical Education Officer (ZPEO) Rainawari and was thereafter vide Order No. DYSSO/Sgr./1558 1638 dated 22-12-2010, posted at Government Middle School, Saida Kadal,
2. Shri Mohammad Aslam Beg, one of the aspirant for the advertized post aggrieved with his non-selection and selection of Ms. Saba Farooq Pandit questioned her selection in SWP No. 1526/2011 on hand. Ms. Saba Farooq Pandit (Petitioner in SWP No. 1555/2011), is respondent No. 4 in the writ petition SWP No. 1526/2011. Mr. Beg seeks quashment of selection list and appointment oHpr dated 4-7-2010 and 19.07.2010, to the extent this relates to respondent No. 4 on the ground that her selection is based on false and frivolous certificates. Mr. Beg claims to figure at serial No. 10 in the waiting list with 34.72 points and therefore to have right to be considered for appointment against the post likely to fall vacant on cancellation of respondent No. 4's selection. He insists that as candidates from Serial No.s 1 to 9 ahead of him in the waiting list stand appointed vide'Notification-An-nexures 10, to his petition, he deserves to be selected against the post in question. Mr. Beg, seeks a direction to respondents to appoint him as Physical Education Teacher in the respondent Department.
3. Directorate General, Youth Service and Sports during pendency of writ petition SWP No. 1526/2011, as usual referred the certificates of appointees/selectees including Ms. Sabah Farooq Pandit, to the Jammu and Kashmir, State Sports Council for verification. Administrative Officer of the Council vide communication No. SC/2353/5812 dated 27th January 2011, informed Directorate General, Youth Service and Sports, Jammu that Certificate indicating participation of Ms. Sabha Farooq Pandit in 1st National Women Yoga Championship held at Kurukshetra, Haryana from 28th-30th January, 2007 by Yoga Federation of India was not recognized and that Woman Yoga Federation of India was neither recognized as National Level Federation by Government of India, Ministry of Youth Service and Sports nor by Indian Olympics Association.
4. The Communication dated 27th January 2011, from J&K Sports Council prompted Directorate General, Youth Service and Sports, Srinagar to address Communication dated 26th October 2010, to Secretary, Service Selection Board requesting for his/her opinion as regards status of Ms. Sabha Farooq Pandit's selection in light of letter received from the Administrative Officer, Jammu and Kashmir, State Sports Council. The Board was requested to inform whether weightage given to the petitioner on account of Certificate in question was required to be deducted from her overall merit. The Board vide its communication dated 15th June 2011, informed Director General, Youth Service and Sports, Srinagar that after subtracting the weightage given to the petitioner on account of her participation in the National Sports Event, her merit would come down to 32.36 and far below cut of merit. It was clarified that the Certificate was checked by
