HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Sunil Hali, J.
Firdousa Akhter & Ors. -Appellant
Versus
State Of J&K & Ors. -Resopndent
SWP No. 758-2007 SWP No. 1806-2007 & SWP No. 705-2007
Decided On : 21-07-2010
Selection Criteria Change - Draftsman in Civil - Subordinate Recruitment Rules 1997, SRO 180 - The court discussed the change in selection criteria for the post of Draftsman in Civil by the J&K Services Selection Board. It highlighted the power of the State to lay down fair criteria for selection and emphasized that once the advertisement has been issued and the criteria disclosed, the selection has to be made on the basis of criteria laid down. The court referred to judgments of the Apex Court to support its decision and held that subsequent amendment cannot be made applicable in the ensuing selection process.
Fact of the Case:
The controversy raised in the present petition relates to the change in selection criteria for the post of Draftsman in Civil by the J&K Services Selection Board after the selection process was initiated. The petitioners contended that the rules for selection cannot be changed midstream, while the respondents justified the change in criteria to give a level playing field to candidates.
Finding of the Court:
The court held that the selection has to be made in accordance with the criteria disclosed at the time of the advertisement notice and that subsequent amendment cannot be made applicable in the ensuing selection process. It allowed the writ petition, set aside the selection and appointment of the private respondents, and directed a fresh selection process based on the original criteria disclosed in the advertisement notice.
Issues: The main issue was whether the criteria for the selection of Draftsman in Civil could be changed after the advertisement notice had been issued and the process of selection had been initiated.
Ratio Decidendi: The court emphasized that once the mode of selection is disclosed, the candidates cannot state that such a mode was not proper and was contrary to the rules. It held that subsequent amendment cannot be made applicable in the ensuing selection process.
Final Decision: The court allowed the writ petition, set aside the selection and appointment of the private respondents, and directed a fresh selection process based on the original criteria disclosed in the advertisement notice.
2. Vide its advertisement notice No. 07 of 2005 dated 20th November 2005, applications were invited from eligible candidates for the post of Draftsman (Civil), who were not having the age below 18 years And above 37 years as on 1st January 2005 and possess the qualification of Two Years Draftsman Training Course Certificate/ Diploma from any Government Recognized Institute. The cut-off date for receipt applications was 26th December 2005. The posts available for Kashmir Division for selection were 82 in Open Merit Category, 12 in SC Category, 14 in ST Category, 28 in RBA Category, 4 in ALC Category and 2 in SOC Category. Satisfying eligibility set out in the advertisement notice, the petitioners applied for the said post. The criterion for making selection was as under:-
| i) Academic Qualification: | 80 points |
| ii) Viva Voce: | 20 points |
Interviews were conducted on 30th October, 1st and 2nd November 2006.
It seems that after interview was conducted, the Board vide its meeting held on 28th of November 2006, changed the criteria for making selection as under:-
| i) Academic Qualification: | 70 points |
| ii) Viva Voce: | 30 points |
It be noted that the present petitions were clubbed together for being disposed of at the admission stage with the consent of the parties as directed by this Court on 20th of March 2010.
3. The contention of the petitioners is that after having notified the selection criteria, the rules for selection cannot be changed midstream. The option with the respondents in case of change of criteria was to withdraw the advertisement notice and issue fresh advertisement notice on the basis of the changed criteria. The underlining idea of changing the criteria was to convert merit of the petitioners into demerit. It is contended that the manner in which the marks in the viva voce have been awarded in favour of the candidates, as disclosed in the reply to the writ petition, clearly reflect this fact. Other contentions raised by the petitioners are that some of the forms have been accepted, which were incomplete and were not inconsonance with the eligibility set out in the advertisement notice.
4. On the other hand stand of the respondents is that the eligibility set out in the advertisement notice was in consonance with the Subordinate Recruitment Rules 1997, notified vide SRO 180 dated 26.06.1997. The underlining idea of changing criteria was on account of the fact that the number of papers prescribed for two years Diploma Course and the certificate course is substantially uneven and the candidates who have qualified the certificate course in the Draftsman trade for Institutions located outside the State have obtained marks which are generally much higher in terms of percentage vis-a-vis those who have qualified the diploma from State Board of Technical Education. The medium of teaching also offers a difference between the two sets of candidates and so is the case with the content. It was also observed that some private institutions who have been offering two years certificate course and have been awarding marks rather generously were put in advantageous position on the basis of criteria reflected at the time of issuance of advertisement notice. In view of this backdrop it was found necessary, in order to give level playing field to those candidates, who have qualified from State Board of Technical education, to reduce the marks in
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