RAKESH WARIKOO Vs. STATE OF J AND K

JUDGEMENT

(1.) The petitioner applied for selection as Junior Engineer (Electrical) Grade-II in response to the Jammu and Kashmir State Subordinate Services Recruitment Board, Jammu's Advertisement Notice No. 01 of 1992 dated 09.04.1992. He was not called for interview by the Board. He accordingly approached this Court by his Writ Petition No. 1088/1992 and was thereafter interviewed pursuant to the directions passed in the Writ Petition. He was not, however, selected. Aggrieved by his non-selection, he again approached this Court by his Writ Petition SWP No. 728/97 questioning the selection of Junior Engineers (Electrical) Grade-II made by the Board.

(2.) In terms of the directions issued on this Writ Petition, he was again interviewed but the Board did not consider him fit for selection this time too and rejected his claim vide Jammu and Kashmir Services Selection Board, Jammu's Communication No. SSB/R-130/97/903-5 dated 10.12.2001. He filed yet another Writ Petition SWP No. 1365/2002 seeking selection on the ground that the Board had erroneously relied upon the criteria fixed for selections of 1997, whereas his merit was required to be evaluated on the basis of the criteria adopted by the Board in the Selections held in the year 1992. This time, his claim was sustained by the Board which, vide its Communication dated January 22, 2004, indicated the petitioner to have secured 65.32 points i.e. more than the last selected candidate in the year 1992-93, who had secured 64 points. His case was, accordingly, recommended to the State Government for appointment as Junior Engineer (Electrical) Grade-II in the Power Development Department of the State Government against available vacancy subject to the final out come of the SLP pending before the Hon'ble Supreme Court of India in the lead case titled State of Jammu and Kashmir v. Narinder Verma and Ors.

(3.) Accepting the petitioner's claim to appointment on the basis of Board's aforementioned Communication and finding that the SLP did not pertain to the selection in which the petitioner had been found entitled to appointment, this Court issued a direction to the State-respondents to take immediate steps to appoint the petitioner in terms of the recommendations made by the Jammu and Kashmir Services Selection Board.