PUBLIC SERVICE COMMISSION J&K Vs. RIMPI OHRI

JUDGEMENT

(1.) WE have heard Mr. DC. Raina, learned counsel for the appellant in LPS No. 3567 2001, Mr. P. Kohli, Sr. Advocate for the appellant in LPA No. 477/2001 and Mr. U.K. Jalali, Sr. Advocate for the respondent No.1 in both the appeals. LPA No. 356/2001 has been preferred by the Jammu and Kashmir Public Service Commission, LPA No. 477/2001 has been preferred by Shri Suram Chand Sharma, who was not arrayed as party respondent in the writ proceedings. He has, however, felt aggrieved by the order of learned Single Judge impugned in this appeal and this court allowed him to file the appeal. Both the appeals have been preferred against the judgment and order passed by the learned Single Judge, allowing the writ petition of the respondent No.1. Since both the appeals arises out of the same judgment, we propose to dispose of both the appeals by this common order.

(2.) THE facts giving rise to the filing of the present appeal may be briefly recited.

(3.) PURSUANT to the Notification No. PSC/Ex -99/10 dated: 10 -02 -1999, the respondent applied for Combined Services Competitive Examination. Closing date of application was fixed on 18 -03 -1999. In the said Notification, reserved category quota under SRO 126 dated: 28 -06 -1994 has also been indicated. Respondent No.1/writ petitioner being a resident of Line of Actual Control (LAC), she applied under that reserved category. Her application was processed and she was issued admission card under Roll No. 029270. She was passed the Combined Services (Preliminary) Competitive Examination in 1999. Thereafter by another Notification No. PSC/Ex -2000/4f4 dated: 20 -04 -2000, the Public Service Commission invited application form the candidates who have been declared qualified in the Preliminary Examination for the Main Examination in the prescribed form. She applied for the Main Examination by submitting her application form, enclosing therewith educational certificates and also LAC category certificate. She was allotted Roll No. 029270 and allowed to appear in the Combined Services (Main) Competitive Examination. The result of the Main Competitive Examination was declared vide Notification No. PSC/Ex -2001/17 dated: 07 -04 -2001. Thereafter vide Notification No. PSC/Ex -99/Int -KAS dated: 14 -04 -2001, the respondent was directed to appear for the interview/viva -voce test on 06 -07 -2001. She was allowed to appear in the viva -voce test and according to her she has done excellent by answering all the question put to her. However, she was considered as open merit candidate (general category) and not treated as reserved category (LAC) candidate. The result of Main Combined Competitive Examination was published by Notification No. PSC/Ex -99/KAS dated: 26 -07 -2001, wherein the name of the respondent/writ petitioner has not been included in the select list.