STATE OF J&K Vs. SAT PAL

JUDGEMENT

(1.) Leave granted.

(2.) The Public Works Department of the State of Jammu & Kashmir conducted a process of selection, for recruitment against the posts of Junior Engineer (Civil) Grade-II. Sat Pal, the respondent herein participated in the aforesaid process of selection. He was successful, inasmuch as, he figured in the final merit/select list of scheduled caste candidates, prepared at the culmination of the selection process. Having learnt that some scheduled cast candidates above him in the merit/select list had not joined inspite of having been offered appointment, Sat Pal addressed a representation to the appellants seeking appointment against an available vacancy. In his representation, he mentioned the name of Trilok Nath as one of the selected candidates, who had been offered appointment, but had not joined. In his representation, he also pointed out, that in the merit/select list pertaining for scheduled caste candidates, his name figured immediately after the name of the said Trilok Nath.

(3.) Since the representation filed by the respondent remained undecided, he approached the High Court of Jammu & Kashmir at Jammu (hereinafter referred to as, the High Court) by filing SWP no. 1156 of 2009. Before the High Court, the respondent Sat Pal reiterated the factual position asserted by him in his representation. To substantiate his assertion pertaining to Trilok Nath, that although the aforesaid Trilok Nath had been offered appointment against the post of Junior Engineer (Civil) Grade-II on 22.4.2008, Trilok Nath had not joined against the same, he placed before the High Court a communication dated 5.5.2008 issued by the Chief Engineer (R&B) Department, Jammu, narrating that Trilok Nath was not interested to join against the post of Junior Engineer (Civil) Grade-II.