JAMMU AND KASHMIR HIGH COURT
S. A. Qadri, J
Kapil Sharma v. State of J. and K. and Others
Writ Petition | No. 123 | 2007
| Table of Content |
|---|
| 1. challenging cancellation of examination candidature. (Para 1 , 2 , 3) |
| 2. eligibility requirements as per advertisement notification. (Para 4 , 5 , 8 , 10 , 11) |
| 3. strict adherence to cut-off dates for eligibility. (Para 12 , 13 , 14 , 15 , 18) |
| 4. final conclusion on petition dismissal due to non-eligibility. (Para 16 , 19 , 20) |
1. The grievance projected in this writ petition is that the petitioner applied before respondents and, accordingly, appeared in J and K Combined Competitive Examination, 2005 (Preliminary). After he was declared successful, he also filed the Application Form for appearing in J and K Combined Competitive Examination, Main, and declared successful. Respondents have cancelled his candidature on the ground that he was not eligible to appear in the Examinations, both Preliminary and Main, of the J and K Combined Competitive Examination, on the ground that he was not possessing required eligibility academic qualification. Feeling aggrieved, the petitioner filed this writ petition and has sought indulgence of this Court for quashing Order No. 1 - PSC of 2007 dated 23rd of January, 2007 Annexure - K and issuing a command to the respondents to allow the petitioner to participate in viva - voce - interview commencing from 12th of March, 2007 of the said Examination. Along side the main petition, petitioner has filed CMP for grant of ad interim relief.
2. Respondents have filed reply.
3. Heard.
4. The crucial point involved in this petition is whether the petitioner was eligible.
5. In order to determine this issue, it is necessary to reproduce hereunder the relevant para of Advertisement Notice - Notification No. PSC.EXM - 05/27 dated 1st of April, 2005 (Annexure - C).
"5. Eligibility Conditions : The conditions of eligibility and age limits etc. as laid down in the Notification SRO 161 dated 17-7-1995 read with SRO 85 dated 13-3-2001, SRO 156 dated 19-4-2004, SRO 31 of 2003 dated 1-1-2003 and SRO 38 of 2005 dated 16-2-2005, shall be as under:
A candidate
a : must be permanent resident of the J and K State; and
b : must hold a Bachelor's Degree in any subject from a recognized University in India or from a foreign University declared by Government in consultation with the Commission to be equivalent to degree of a recognized University.
Provided that conditions who have appeared in Bachelor's Degree examination or its equivalent, recognized by the universities of J and K, the passing of which would render them eligible to appear in the examination but the results of their examination have not been declared, shall be allowed to appear in the Preliminary Examination. Such candidates, as are declared by the Commission to have qualified for taking the Combined Competitive (Main) Examination, will be required to produce proof of passing the Bachelor's Degree examination with their Application Form for the Main Examination, failing which such candidates shall not be admitted to the Main Examination ............"
6. While going through this Notification, it is crystal clear that candidate / candidates must have possessed Bachelor Degree in order to compete in the Examination. However, proviso provides that a candidate, who has appeared in Bachelor Degree Examination or its equivalent, recognized by the Universities of J and K the passing of which would render him / them eligible to appear in the examination, but the results of the examination have not been declared, they / he can be allowed to appear in the Preliminary Examination. If he / they qualified the Preliminary Examination, they have to produce mandatorily proof of passing of the bachelor's Degree Examination with his / their application Form for the Main Examination. In default, such candidate / candidates are not to be admitted to the Examination. R.7 of SRO - 161 of 1995 permits a candidate, who appeared in the Bachelor Degree Examination, to sit in the Preliminary Examination of J and K Combined Competitive Examination. It also provides that admission
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