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2016 Supreme(J&K) 540

B.S.WALIA
Balbir Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :Mr. B.S. Manhas, Advocate
For the Respondent: Mr. Ajay Sharma, AAG

JUDGMENT :

B.S. Walia, J.

Grievance of the petitioner is that his candidature for the post of Constable, J&K Police (Executive) of District Samba was not being considered against the RBA Category despite his belonging to RBA Category and having submitted certificate in respect thereto on 3rd March, 2016.

2. Notice of motion.

3. Mr. Ajay Sharma, learned AAG, who is on caveat accepts notice and vehemently disputes the factual position. It is stated that cut off date for applying for the post of Constable was 15th October, 2015 and that in response thereto the petitioner applied in the general category and did not make any claim whatsoever on the basis of his belonging to the RBA Category. It is only many months later than the last date fixed for applying for the post, that the petitioner moved an application for placing on record RBA Category Certificate with a prayer for being considered under the RBA Category.

4. Mr. Ajay Sharma, learned AAG states that had the petitioner applied under RBA Category the claim of the petitioner could have been considered under the RBA category even if he had submitted the RBA Certificate after the cutoff date. However, the position in the instant writ pet










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