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2018 Supreme(J&K) 838

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
RAJESH BINDAL, J.
Faizan Ahmed and Ors - Petitioner
Versus
State of J&K and Ors - Respondents
SWP No. 3224, 2313, 2553, 2587, 2695, 2746, 2758, 2801 of 2015, 158, 47, 473, 558 of 2016, 2392 of 2017, 1183 of 2018
Decided on : 31-12-2018

Advocates:
Advocate Appeared:
For the Petitioner:Mr. F. S. Butt, Advocate Mr. Abhinav Sharma Advocate Mr. Sunil Sethi, Sr. Advocate with Mr. Vaibhav Gupta, Advocate Mr. Ashwani Kumar Sharma, Advocate Mr. Irfaan Khan Advocate Mr. Z. A. Mughal, Advocate
For the Respondent:Mrs. Seema Shekhar, Sr. AAG Mr. Z. A. Shah, Sr. Advocate with Mr. Vipan Gandotra, Advocate Mr. Rahil Raja, Advocate

Headnote:Service Law-Appointment-Petitioners were candidates for responsible post in Finance Department, namely, Inspector-It cannot be presumed that they were so careless that they did not notice any error in admit cards to point out the same to Board-Thousands of candidates had appeared-There may be some error-Allegation of malafide cannot be made out against an Institution as none of officers/officials has been impleaded as respondent in writ petition levelling personal allegations against him-It is not the stage when fresh interview can be held by scrapping selection process of all candidates-Marks obtained by all candidates in written test are known-Marks obtained in interview for post of Sub-Inspector cannot be considered for post of Inspector because level of two posts is totally different and so responsibility-There is likelihood of other candidates being effected who may have been selected and appointed against other posts-They may have to be pushed down because of change of entire select list-They are not party before this Court-They cannot be condemned unheard- Writ Petitions dismissed. (Paras 19, 20, 22, 23 and 24)

JUDGMENT :

RAJESH BINDAL, J.

1. This order will dispose of a bunch of writ petitions bearing SWP Nos. 3224, 2313, 2553, 2587, 2695, 2746, 2758, 2801 of 2015, SWP Nos. 158, 47, 473, 558 of 2016, SWP No. 2392 of 2017 and SWP No. 1183 of 2018.

2. Common issue has been raised by the petitioners in these writ petitions. Challenge is to the selection and appointment to the post of Inspector (Finance Department). The selection was carried out in pursuance to the advertisement notice No. 06 of 2013 dated 10.05.2013. The petitioners seek quashing of Government order No. 97-F of 2014 dated 31.03.2014 and Government order No. 176-F of 2014 dated 23.07.2014, whereby appointments have been made.

3. In SWP No. 3224/2015, learned counsel for the petitioner submitted that advertisement notice No. 06 of 2013 was issued on 10.05.2013 inviting applications for various posts in the State of Jammu and Kashmir. One of the posts advertised was Inspector (Finance Department). The petitioner being fully eligible and qualified in terms of the aforesaid advertisement notice not only applied for the post of Inspector but also for the post of Sub-Inspector (Finance Department) and Assistant Handicraft Training Officer, for which he was eligible. As per the procedure prescribed, common written examination was to be held for selection of various posts. Admit cards were issued to the candidates containing their roll numbers and other particulars. Written test was conducted on 21.09.2013. The posts for which the candidates had applied were duly mentioned in the applications filled. In the written examination, the petitioner did exceptionally well. The candidates were thereafter short listed, however, name of the petitioner did not figure in the list of candidates to be interviewed for the post of Inspector (Finance Department), though he had been short listed for the post of Sub-Inspector. He appeared in the interview and on the basis of his performance, he was selected for the post of Sub-Inspector. The petitioner did not raise any issue at that stage as remained under the impression that he may not have done well in the written test, to be considered for the post of Inspector. Though the final select list for the post of Inspectors was published, yet the same was lacking in particulars, such as marks obtained by the short listed and selected candidates. The merit list of candidates was published and uploaded on the website one year after the selection process was completed by the department in the year 2015. It was only on going through the merit list, the petitioner came to know that the candidates, who secured marks less than the petitioner, had been selected. However, the candidature of the petitioner was ignored.

4. Only plea raised by the official respondents to deny relief to the petitioner is that candidature of the candidates was considered in terms of the posts mentioned in the admit card. As in the admit card, the post of Inspector was not mentioned, the candidature of the petitioner could not be considered. It was specifically mentioned in the admit card that if there is any discrepancy in the same, it should be pointed out to the J&K Service Selection Board (hereinafter referred to as “the Board”) in order to get the error corrected. Submission is that if there was fault on the part of the Board, the candidates cannot be made to suffer on that account. In reply, stand has also been taken that candidature of the petitioner was considered for the post mentioned at item No. 038 (01 of 2013), though the same was not mentioned in the admit card. That was the post of Assistant Handicraft Training Officer. However, it is submitted that on his selection, the petitioner had joined as Sub-Inspector.

5. There is no delay in filing the writ petition as merit list containing the marks obtained by the candidates was uploaded on the website on 26.06.2015 and writ petitions were filed immediately thereafter.

6. In SWP No. 2695/2015, the petitioner had applied for five




































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