SHAHEED MUSTAFA Vs. STATE OF J AND K

JUDGEMENT

(1.) The writ petition challenged the number of candidates selected for the main examination on the ground that Rules required l/3rd of total number of the candidates appeared in the preliminary examination or 25 times of the total posts which ever is higher, was to be selected. According to the own showing of the Petitioner, 25 times of the number of candidates could entail right of 9750 candidates to sit in the main examination. According to the Petitioner, 39,000 candidates appeared in preliminary examination and, accordingly, 13,000 were entitled to sit in the main examination. It was contended that higher number being 13,000, in accordance with the mandate of Rules, 13,000 should have been chosen to appear in the main examination; whereas less than 13,000 candidates have been chosen for that purpose. In the counter, it was shown that 39, 617 candidates were found eligible to appear in preliminary examination; whereas 33,092 candidates appeared in the said examination and, accordingly, 11,034 candidates were selected for sitting in the main examination.

(2.) That being the situation and the contention that 33,092 candidates appeared in the preliminary examination could not be countered by the Petitioner by any means, the Writ Court had no other option but to hold that selection of 11,035 candidates to appear in the main examination, is not in violation of the Rules.

(3.) That being the situation, there is no scope of interference and, accordingly, we refuse to admit the appeal.