TALIB HUSSAIN Vs. STATE

JUDGEMENT

(1.) Petitioner applied for the post of Constable in terms of an advertisement notice issued by the respondents in the year 1998. Petitioner applied from District Kathua by placing with the application form certificate of being a candidate of Scheduled Tribe category. The certificate annexed with the application form clearly depicted that his file for issuance of ST category certificate was under process. On the basis of the application form, the petitioner was allowed to appear in the physical and out door tests, however, when the respondents came to know that he is actually a resident of District Rajouri, he was not considered for selection, which has necessitated him to file the present writ petition.

(2.) The contention of the petitioner is that though he had initially appended "under-process certificate" issued by Naib Tehsildar Bani, of his belonging to Scheduled Tribe category, but subsequently he has obtained the said certificate from District Rajouri, and as such, he was eligible for selection. His further contention is that advertisement notice was not specified for any District.

(3.) The stand of the respondents, on the other hand, is that since the petitioner had applied from Kathua District and on scrutiny of his documents, he was found to be belonging to Rajouri District, as such, his candidature was not considered for District Kathua.