LAWS(SC)-1997-3-21

ASHOK KUMAR SHARMA OTHERS Vs. CHANDER SHEKHAR ANOTHER

Decided On March 10, 1997
Ashok Kumar Sharma Others Appellant
V/S
Chander Shekhar Another Respondents

JUDGEMENT

(1.) These two review applications are filed by the respondents in Ashok Kumar Sharma v. Chander Shekhar.

(2.) On 9/1/1982 an advertisement was published inviting applications for appointment to the post of Junior Engineer in the service of the Jammu and Kashmir State. The last date for submitting applications was specifically stated as 15/7/1982. A pass in B. E. (Civil) Examination was the minimum academic/technical qualification required for applying for the said post. A number of persons applied pursuant to the advertisement. Out of them, 33 persons (referred to hereinafter as the respondents) had not passed the B. E. (Civil) Examination on or before 15/7/1982. They had appeared for the said examination earlier to the said date but the results were published only on 21/8/1982. Interviews were held on various dates commencing on 24/8/19822. Though these 33 persons (respondents) were not qualified as on the specified date, they were yet interviewed pursuant to certain instructions given by the government. They were selected along with some other candidates.

(3.) Certain candidates who were fully qualified to apply for the said post according to the aforesaid advertisement and who were selected but placed in the Select List below the respondents, filed a writ petition in the Jammu and Kashmir High court contending that the 33 respondents could not have been allowed to appear for the interview because they had not acquired the requisite academic/technical qualification by the prescribed date, viz. , 15/7/1982. The writ petition was dismissed on 27/5/1983. No letters patent appeal having been filed against the said order, it became final. (It is, however, not known how many persons had joined as petitioners in the said writ petition -WP No. 250 of 1983. )