NEELAM KIRANJEET KOUR Vs. STATE

JUDGEMENT

(1.) Public Service Commission-Respondents 2 & 3 issued Notification No. 2 of 2008 dated 18.2.2008 for filling up the posts of Dental Surgeon in the Health Department of Jammu & Kashmir State. The Petitioner having requisite qualification applied for the same under the Category of Resident of Backward Area (for short RBA). The form of Petitioner was entertained and was called for interview on 18.11.2008. Thereafter Commission-Respondents 2 & 3 issued a Notification in Kashmir Times containing the list of candidates whose documents were deficient. The name of Petitioner was also figuring at Sr. No. 11 in the said list and it was shown that she had not appended the RBA Category Certificate.

(2.) The Petitioner had applied for issuance of requisite certificate in the year 2008 before the competent authority-Tehsildar, but for the reasons best known to the authorities the same was not issued within time. After noticing the said notification-Annexure "E", the Petitioner again approached the Tehsildar for issuance of said certificate as early as possible, but the said authority delayed the matter. On 8.1.2010 Commission-Respondents 2 & 3 issued another notification-Annexure "F" which contained the list of selected candidates and the Petitioner was shown to have deficiency of RBA Certificate. In the said notification it was made clear that if the candidates, whose documents were still awaiting, failed to produce the same by or before 20.1.2010, their selection shall be deemed to have been cancelled without notice. After noticing that the competent authority was causing delay in issuance of the said certificate, the Petitioner was constrained to file the writ petition in hand on 18.1.2010 questioning the said notice so far as it relates to the cancellation of selection of Petitioner in default.

(3.) This Court after considering the matter vide order dated 19.1.2010 directed the Respondents not to cancel the selection of Petitioner.