J&K Service Selection Recruitment Board vs Basit Aslam Wani

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(J&K) 417

ALI MOHAMMAD MAGREY, RAJNESH OSWAL
J&K Service Selection Recruitment Board – Appellant
Versus
Basit Aslam Wani – Respondent

Advocates Appeared:
LPASW No.194/2018 IA No.01/2018
For the Appellant(s):Mir Suhail, Advocate (Through virtual mode from residence)
For the Respondent(s) Nos.1 to 2:Mr. Z.A. Qureshi, Sr. Advocate with Mr. I.A. Parray, Advocate (contesting respondents)
For the Respondent(s) Nos.6 to 9:Mr. Jehangir Iqbal Ganie, Sr. Advocate with Ms. Humaira Shafi, Advocate (Proforma respondents)
For the Respondent(s) Nos.3 to 5:Mr. Shah Aamir, AAG (official respondents) (Through video call from residence)
C/w LPASW 161/2017
For the Appellant(s):Mr. Jehangir Iqbal Ganie, Sr. Advocate with Ms. Humaira Shafi, Advocate (Through virtual mode from residence)
For the Respondent(s) Nos.1 to 2:Mr. Z.A. Qureshi, Sr. Advocate with Mr. I.A. Parray, Advocate (contesting respondents)
For the Respondent(s):Mir Suhail, AAG, for SSRB Mr. Shah Aamir, AAG with Ms. Sharaf Wani, Advocate for official respondents (Through video call from residence)

Judgment

Ali Mohammad Magrey, J.—These two Letters Patent Appeals arise from the judgment and order dated 19.09.2017 passed in writ petition no.1951/2016 titled Basat Aslam Wani & ors. v. State of J&K & ors., whereby the learned Writ Court, while holding that the candidates, petitioners before the Writ Court, possessing higher Degree of B. Pharmacy, could not be treated as ineligible for the post of Junior Pharmacist advertised by the Services Selection Board (the Board) prescribing the minimum qualification of 10+2 and Diploma in Pharmacy, allowed the writ petition, quashed the select list prepared by the Board and directed reframing of the same and to recommend the writ petitioners for appointment against the advertised posts.

2. Appellants in LPASW no.194/2018, being the Board and its Secretary, were respondents 4 and 5 in the writ petition; whereas appellants in LPASW no.161/2017, being two of the four selectees, were respondents 7 and 9 in the writ petition.

3. Short facts of the case are noted. The Board by advertisement notice no.07 of 2013 dated 16.05.2013 notified, inter alia, 07 posts of Junior Pharmacist, which included 04 Open Merit posts, in District Cadre Kulgam avail

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2020 Supreme(J&K) 417

ALI MOHAMMAD MAGREY, RAJNESH OSWALJ&K Service Selection Recruitment Board – AppellantVersusBasit Aslam Wani – Respondent

Cases Referred (3)

ALI MOHAMMAD MAGREY, RAJNESH OSWAL
J&K Service Selection Recruitment Board – Appellant
Versus
Basit Aslam Wani – Respondent