JUDGMENT :

1. Heard learned counsel for the parties and considered the matter.

2. It may at the very outset be observed that the posts advertised vide the advertisement notifications impugned in this petition have been created for, and are meant to be filled in only from amongst, the eligible migrant candidates. Petitioners, admittedly, are not migrants. I feel that it becomes imperative to give a narration of the relevant rules.

3. The Government of Jammu and Kashmir, vide SRO 412 dated 30.12.2009 read with SRO 425 dated 10.10.2017, promulgated the Jammu and Kashmir Kashmiri Migrants or Kashmiri Pandits (Special Drive) Recruitment Rules, 2009 (the 2009 Rules). In terms of Rule 2(ca) ‘Kashmiri Pandit’ for the purpose of the said Rules is defined to mean a person who belongs to the Kashmiri Pandit family and has not migrated from Kashmir Valley after 1st of November, 1989 and is presently residing in the Kashmir Valley. Rule 2(d) defines ‘migrant’ as meaning a person: (i) who has migrated from Kashmir Valley after 1st November, 1989; and (ii) is registered as such with the Relief Commissioner or has not been so registered on the ground of his being in service of Government in any moving office, or having left the Valley or any other part of the State in pursuit of occupation or vocation or otherwise, and is possessed of immovable property at the place from where he has migrated but is unable to ordinarily reside there due to the disturbed conditions and includes an internally displaced person. In terms of Rule 2(e) the word ‘post’ has been defined to mean the posts under the Government specially created from time to time in the Valley under the Prime Minister’s Special Package for return and rehabilitation of Kashmiri Migrants to the Valley and rehabilitation of the Kashmiri Pandits who have stayed back in the Valley. These Rules thus made provisions for eligibility, selection and appointment of Kashmiri Pandits and Migrants against the posts created under the Prime Minister’s Special Package for return and rehabilitation of Kashmiri Migrants to the Valley and Kashmiri Pandits.

4. Lately the Government vide order no.58-DMRRR of 2017 dated 29.07.2017 created 3000 supernumerary posts of various categories in different departments for providing employment to the Kashmiri Migrants/Pandits. These posts include 20 posts of Motor Vehicle Inspector (MVI), 10 posts of Sub MVI and 10 posts of Assistant MVI of Divisional Cadre in the Transport Department of the State.

5. Consequent to the above, the Requisitioning Authority nominated under Rule 6 of the 2009 Rules referred these vacancies to the J&K Services Selection Board, Srinagar (the Board). The experience columns in the indents so sent to the Board were left blank. The Board issued three advertisement notifications bearing nos. 4/2017/15 dated 28.11.2017, 4/2017/21 dated 28.11.2017 and 4/2017/22 dated 28.11.2017 inviting online applications from the candidates who are permanent residents of J&K State and who are eligible under the 2009 Rules as amended. The advertisement notices contain a specific clause, i.e., clause (1)(i)(a) clarifying that only the ‘Migrants’ as defined in SRO 412 of 2009 or the ‘Kashmiri Pandits’ as defined in SRO 425 of 2017 are eligible to apply for the said posts. Annexure ‘B’ to the said notifications mentioned the qualifications/eligibility and criteria for the posts so advertised. The qualifications so mentioned in Annexure ‘B’ to the advertisement notices do not speak of any experience.

6. The petitioners have challenged the aforesaid three advertisement notifications in this petition, fundamentally, on two grounds: first that for the post of MVI the Jammu and Kashmir Transport Controller’s (Subordinate) Service Recruitment Rules, 1974 (1974 Rules), apart from the requisite qualifications mentioned therein, prescribe a working experience at least of one year in a reputed automobile workshop and possession of a driving licence authorizing to drive motor cy