STATE OF J AND K Vs. RAZAK AHMED

JUDGEMENT

(1.) An advertisement resulted in selection. Writ Petitioner-Respondent/who belongs to open merit category responded to the said advertisement and offered his candidature in the open merit category. When the merit list was published, there it was indicated that Petitioner has been selected as a reserve category candidate. Subsequently, the Petitioner was asked to establish that he belongs to the said reserve category. Petitioner made a representation and held out that he does not belong to any reserve category, nor did he ever represented that he belongs to a reserve category while responding to the said advertisement. Petitioner made it clear that he having not represented to be belonging to any reserve category, is not obliged to establish that he belongs to any reserve category. Petitioner also contended that he has been selected in the open category and by mistake he was shown to have been selected as a member of a reserve category. This contention of the Petitioner was not accepted by the Appellant. That resulted in filing of the writ petition and by the judgment and order under appeal the writ petition has been allowed, inasmuch as it could not be demonstrated before the Writ Court that the Petitioner ever represented that he belongs to a reserve category.

(2.) In the appeal, too, the Appellant is not in a position to establish that the Petitioner at any stage represented that he belongs to any reserve category. That being the situation, the only thing that was required to be seen was what marks the Petitioner obtained in course of selection and what marks the last selected person in the open merit category obtained. We, accordingly, directed the Appellant to produce the records. The Appellant through Mr. Qazi, has reported that the records are now not traceable, except a hand written Tehsil-wise and category-wise list of candidates and on the basis thereof the Appellant has prepared a tabulation. The tabulation is kept with the records. From the said tabulation, it appears that some people who got lesser marks than the writ Petitioner-Respondent and belong to open merit category were also appointed.

(3.) In that view of the matter, we do not interfere with the judgment and order under appeal, except that the appointment pursuant to the judgment and order under appeal be given to the writ Petitioner-Respondent, as quickly as possible, but not later than three months from today and that the writ Petitioner-Respondent shall be entitled to all monetary benefits of the said appointment from the date he joins.