MADANLAL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This petition by petitioners has brought in challenge the process of selection of Munsiffs in the State of Jammu and Kashmir undertaken by Jammu and Kashmir Public Service Commission (hereinafter referred to as Commission), pursuant to an advertisement notice, inviting applications in the months of July and August, 1993. The said selection of the concerned successful respondents has been challenged on diverse grounds to which we will make a reference a little later.

(2.) Now a glance at a few introductory facts. An advertisement notice issued by the Commission in the closing months of 1993, invited applications from eligible candidates for filling up posts of Munsiffs in the State of Jammu and Kashmir. The petitioners being eligible for competing for the said advertised posts submitted their applications to the Secretary of the Commission. Similarly, the concerned respondents who are selected for the said posts also submitted their applications. The Commission conducted the written examination in July and August, 1993 and thereafter vide notification dated 27th April, 1994 candidates mentioned in the notification were declared to have qualified for viva voce test. In all 79 candidates were found qualified for the viva voce test. That included the petitioners and the contesting respondents. Under the Jammu and Kashmir Civil Services (Judicial) Recruitment Rules of 1967 (hereinafter referred to as 'Rules') examination for selection of Munsiffs consists of written examination and viva voce test. The Commission, respondent No. 2 accordingly conducted the said viva voce test under rule 10 of the aforesaid rules. On the request of the Commission the Chief Justice of the High Court is to nominate a Judge to act as an expert on the Commission for the purpose of conducting the viva voce test. In pursuance of this rule a viva voce test was conducted by four Members of the Commission and an expert (sitting Judge of the High Court) Mr. Justice B. A. Khan. The Chairman of the Commission respondent No. 3 and one member, namely, respondent No. 4 did not participate in the viva voce test on the ground that one of the candidates selected as per the result of written test, namely, respondent No. 13 -Zaneb Shams is a daughter of respondent No. 3 and daughter-in-law of respondent No. 4.

(3.) According to the petitioners in the written test they fared well and therefore they were called for oral interview. According to them they also fared well in the viva voce test but they were kept guessing as to the result of this test. They came to know that concerned respondents Nos. 6-18 and some others who had appeared at the test were given confidential information to appear before Medical Board for medical test while no such intimation was sent to the petitioners. That gave them a cause for apprehension that they may have been illegally left out of selection for the said posts and that is why the present petition is filed. The main prayers in the petition read as under:-