Advocates:
['N A BABA', '', 'M A WANI', 'M/S ZAFFAR LAW ASSO', '', 'A HANAN']

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

Review No. 36/2015 in

SWP No. 1862/2015

Date of decision: 06 .03.2017

State of JK and Ors.

Vs.

Shabir Ahmad Shabir and Ors.

Coram:

Hon’ble Mr. Justice Ali Mohammad Magrey, Judge

Appearing counsel:

For Petitioner(s):

Mr. M. A. Wani, AAG

For Respondent(s): Mr. Z. A. Shah, Sr. Advocate

with Mr. A.Hanan, Advocate

1. Whether approved for reporting

Yes/No

in law journals?

2. Whether approved for publishing

Yes/No/Optional

in Press ?

1.

Review petitioners-respondents 1 and 3 in the writ

petition SWP No. 1862/2015 are seeking review of final

order/Judgment dated 26.08.2015 and recalling of the same

on the grounds detailed out in the review petition. In order to

appreciate the grounds forming the basis for seeking review

of the Judgment, it shall be appropriate to detail out the brief

facts of the case as under:-

2.

The J&K Service Selection Board vide advertisement

notification No. 04 of 2013 dated 23.02.2013, invited

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applications for the post of Village Level Worker, District

Cadre, Shopian. The applications were invited for 27 posts.

Out of these 27 posts, 14 posts were in the “Open Merit”

category and the remaining posts in various reserved

categories. Writ petitioners from serial No. 1 to 13 belong to

“Open Merit” category and petitioners 14 to 18 belong to

reserved category of “RBA/ST/SC”.

3.

The Service Selection Board conducted a common uniform

test of the candidates who had applied for Village Level Worker

posts and those who had applied for the post of Teacher. Writ

petitioners appeared in the Common test and having made the

grade, were called for the interview. Some of the petitioners had

applied for both the posts of Teacher as well as Village Level

Worker. Vide notification dated 09.12.2014, the Service

Selection Board notified the “Merit List” of the candidates

including that of the writ petitioners.

4.

Admittedly, having regard to the merit, none of the

petitioners were selected and the selection list was notified vide

notification No. SSB/Sel/Secy/2014/9158-62 dated 21.10.2014.

Since the candidates had applied for both the posts, viz Teacher

and Village Level Worker, the selection list mentioned several of

the candidates as having been selected both as Teacher as well

as Village Level Worker. Writ petitioners claim that as many as

22 candidates were shown selected as Teacher as well as Village

Level Worker, therefore, all the 22 candidates who had been

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selected as Village Level Worker joined as Teachers and out of

27 candidates only 4 candidates joined as Village Level Worker

and because of non-joining of as many as 23 candidates as

Village Level Worker, the Director Rural Development

Department, Kashmir vide communication No. DRDK/Estt/2538

dated 20.04.2015 informed the Secretary to Government, Rural

Development Department that despite appointment of 26

candidates only 03 candidates have joined. He further informed

the Secretary that “waiting list” was operated by the department

but again only 01 candidate joined.

5.

As the sequence of above, it is stated that 22 posts have

remained vacant. Petitioners in the writ petition state that the

Administrative Secretary, acting on the communication of the

Director Rural Development Department, Kashmir, Srinagar,

addressed a communication to Service Selection Board under

No. RD/PR/Estt/NG/16/2014 AF dated 07.07.2015 and the Service

Selection Board in response to the communication referred to

above, forwarded the list of 21 candidates vide communication

No. SSB/Secy/Sel/2015/7373-75 dated 07.08.2015.

6.

Writ petitioners feeling aggrieved of non issuance of

appointment orders in their favour, filed the writ petition and

claim the following reliefs:-

“ Writ direction or order including a writ in the

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