Interpretation of 'relevant trade' in grouped Technician posts includes ITI in any of eleven specified trades; selection board cannot alter requisition qualification to exclude eligible candidates.

ORDER (FINAL)

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)

1. The applicant has filed the above titled Original Application calling in question the decision of respondents Nos. 3 and 4 i.e. J&K Services Selection Board, in treating the applicant ineligible for the post of Technician-III, divisional cadre Kashmir in Power Development Department, advertised by the respondent No. 3 vide advertisement notice No. 04 of 2017 dated 28.11.2017 under the Prime Minister Package for Kashmiri Migrants. Applicant has further challenged the select list issued by respondent No. 3 in respect of the aforesaid posts, as has been published by respondent- Board on its official website on 04.03.2020, to the extent the same does not include the name of applicant under Open Merit category despite the fact that in as many as 07 posts under Open Merit category remained unfilled during selection.

2. Being aggrieved, the applicant has filed the present Transfer Application, seeking the following reliefs: -

i) Allow the instant application of the applicant along with costs.

ii) Quash the decision taken by the respondents Nos. 3 and 4 in treating the applicant ineligible for the posts of Technician-III, divisional cadre Kashmir, advertised vide advertisement notice No. 04 of 2017 dated 28.11.2017 under Prime Minister's Package for Kashmiri Migrants;

iii) Direct the respondents to treat the applicant eligible for the aforesaid posts of Technician-III advertised vide advertisement notice No. 04 of 2017 dated 28.11.2017 on account of possessing qualification in the relevant trade;

iv) Direct the respondents to select and appoint him against one of the 07 unfilled posts of Technician-III under Open Merit category, out of those advertised vide advertisement notice No. 04 of 2017 dated 28.11.2017, w.e.f the date other selected candidates have been appointed.

3. The brief facts of the case as emanating from the pleadings of the applicant are that the respondent-Board vide advertisement notice No. 04 of 2017 dated 28.11.2017, advertised 30 posts of Technician-III, Divisional Cadre Kashmir in the respondent No. 1-department, to be filled up by selection under the Prime Minister Package for Kashmiri Migrants. The minimum eligibility qualification prescribed for the aforesaid posts of Technician-III, as indicated in the advertisement notice published on the official website of respondent-Board, was “Matric with ITI in relevant trade.” It is stated that the applicant having been registered as a Migrant with the Relief and Rehabilitation Commissioner (Migrants) J&K and being fully eligible under the terms and conditions of the above said advertisement notice, submitted his application form for selection against one of the abovesaid posts of Technician-III, Divisional Cadre Kashmir under Open Merit category. It is stated that the selection criteria to be adopted for making the selection against the aforesaid posts was notified by the respondent-Board on its official website i.e. www.jkssb.nic.in, which also referred to the eligibility qualification prescribed for the aforesaid posts of Technician-III. The selection process comprised of a written test, which was held on 12.10.2019, in which the applicant also appeared. It is stated that based on the result of the written test, a short list for the advertised posts came to be published by respondent-Board vide notice dated 03.12.2019 whereby as against the advertised 30 posts only 14 candidates were short liste