GH HASSAN MIR Vs. STATE

JUDGEMENT

(1.) PETITIONER a Statistical Assistant of Agriculture Department appeared as a candidate in Kashmir Administrative Combined Service Examination (KAS) pursuant to SRO 161 dated: 17 -07 -1995 issued by Public Service Commission inviting applications in accordance with the rules governing direct recruitment to this services, annexed to the notification. The examination consists of two successive stages. Preliminary examination for selection of the candidates for the main examination and main examination (written & interview). The preliminary examination is in fact a screening test for the candidates to qualify and to be admitted to the main examination. The candidates obtaining minimum qualifying marks in written part of the main examination as prescribed by the Public Service Commission at their discretion are to be summoned and have to appear in interview (via -voce). The marks obtained by the candidates in main examination (both in written and interview) would determine the final placement and merit of the candidates for allotment to various Service subject to medical fitness and suitability for appointment.

(2.) THE petitioner passed preliminary examination and appeared in the main examination. He qualified written examination and was called for interview and as per petitionerâ„¢s perception he fared well. Petitioner pleads that he belongs to socially and educationally backward class and did apply in the category of social caste. However, his final result was shown as disputed case alongwith other six candidates on suspicion borne by the Public Service Commission that his social caste certificate is doubtful. He filed writ petition (OWP No: 275/ 99) at Jammu to compel P.S.C. to declare his result. A learned Single Judge of this court while issuing notice in the main matter placed direction on record for the respondents that the selection of last candidate in social caste category shall be subject to outcome of the writ petition.

(3.) SUBSEQUENTLY petitioner was served notice dated: 26 -03 -99 by J&K P.S.C. (Annexure -C) informing him that on verification by Dy. Commissioner Pulwama the social caste certificate produced by the petitioner was found fake, and forged therefore petitioner was asked to show cause and explain his conduct why his candidature in the J&K Combined Competitive Service Examination 1995, may not be cancelled and why he may not be debarred from appearing in any test/interview for a period of 10 years conducted by the P.S.C. On receipt of this show cause notice on 02 -04 -1999, petitioner did send his reply dated: 03 -04 -1999 (Annexure -D) wherein the report of the Dy. Commissioner about verification of his reserve category certificate was questioned as vitiated in as much as, petitioner was not given an opportunity and the verification was conducted at his back and that too when there was neither any appeal nor review/revision pending before Dy. Commissioner. Petitioner also alongside filed an application with Dy. Commissioner, Pulwama for re -verification of the certificate. The Dy. Commissioner dispatched the application and verification of the certificate to the Tehsildar. The then Tehsildar, Pulwama in his report dated: 07 -04 -1999 denied the issuance of certificate but opined that the certificate may have been issued by one Manzoor Ahmad Yasvi the then Tehsildar, Pulwama (Annexure -E).â„¢ The Dy. Commissioner, Pulwama in continuation to his earlier communication to the P. S.C. endorsed this report of Tehsildar to P.S.C. with a note that said Manzoor Ahmad Yasvi the then Tehsildar Pulwama is not available as he at the relevant time has proceeded on Haj pilgrimage and therefore the genuineness of the certificate could not be verified at that movement (Annexure -F). The Public Service Commission issued another show cause notice to the petitioner on 31 -05 -1999 informing him to get the category certificate verified from Dy. Commissioner, Pulwama as genuine as otherwise he shall be proceeded against under law without any further notice (Annexure -G) and that the response to the earlier show cause notice (Annexure -C) is awaited. The petitioner sent his reply to this letter on 14 -06 -1999 informing the Commission that reply had been already sent and the Dy. Commissioner, Pulwama has been approached for verification of the certificate. The Dy. Commissioner entrusted the matter of verification of the certificate in the light of the correspondence to Sub -Divisional Magistrate, Shopian for a comprehensive enquiry to see if this certificate is genuine and further to report if petitioner infact is a member of social caste and if so, the caste to which he claims to belong. This was done vide communication dated; 14 -07 -1999 addressed to Sub -Divisional Magistrate Shopian (Annexure -H). It was followed by another letter dated: 13 -08 -1999 by Additional Dy. Commissioner, Pulwama addressed to S.D.M. Shopian with which letter the whole file comprising of 45 leaves was sent to him (Annexure -J).â„¢ The SDM, Shopian conducted the enquiry. It is alleged that he had no jurisdiction to do so and he exceeded powers as it was only the Dy. Commissioner who could have heard the matter in appeal or in review/revision. Dy. Commissioner had no jurisdiction to entrust the matter to his sub -ordinate, SDM, Shopian. By doing so he fell in error. Even SDM, Shopian conducted the enquiry at petitionerâ„¢s back without associating him with the enquiry. He was not given any opportunity, S.D.M. Shopian without noting the relevant documents and appreciating the material/evidence on record filed an enquiry report with Dy. Commissioner, Pulwama dated: 15 -10 -1999 (Annexure -L) holding that the reserve category certificate under which the petitioner got the benefit of appearing and qualifying in the examination was fabricated and fraud. Dy. Commissioner. Pulwama on the strength of this report together with disowning of the issuance of certificate by the then Tehsildar Manzoor Ahmad Yasvi and the adverse report of F.S.L., informed the Public Service Commission that the reserve category certificate of petitioner is fake and not genuine (Annexure -K). This information was conveyed on 24 -01 -2000. The report of concerned was sent to the P.S.C. Petitioner again approached Dy. Commissioner vide (Annexure -N) for re -verification of the certificate and the information based on such report conveyed by him to P. S.C. The petitioner not succeeding there has filed this writ petition seeking quashment of report and letters addressed by the Dy. Commissioner to P.S.C.. report of the S.D.M. Shopian and further seeking declaration of his result in the KAS.