RANJODH SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE selection process which resulted ultimately in the selection of candidates for the post of Naib Tehsildar in the State of Jammu and Kashmir is the subject matter of challenge in number of writ petitions.

(2.) THE facts as given in writ petition, SWP 131/2000 are being noticed. Petitioners claiming to be the State Subject and citizens of this Republic, have invoked extra -ordinary jurisdiction of this Court under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir. It is pleaded that the Jammu and Kashmir Service Selection Recruitment Board, issued and advertisement notice on 21st June93. Applications were invited from the permanent residents of State Jammu and Kashmir for the post of Naib Tehsildar (State Cadre). This notification contained a stipulation to the effect that the candidates who have already applied in response to earlier advertisement need not apply afresh. The minimum qualification as prescribed in the advertisement notice was Graduation from a recognized University. It was also prescribed that a written competitive test would be held. These conditions were stipulated in the notification copy whereof is Annexure A with the petition.

(3.) IT is the case of the petitioners that their applications submitted in this regard were found to be in order; they were allotted Roll Numbers and the written competitive examination which was a condition precedent for taking part in the process of selection was held. It is submitted that the petitioners appeared in the written test held on 27th July95. This test has been described as the one which was of objective type. Each candidate was supposed to attempt all hundred questions. As per the petitioners, they had faired well and were expecting not less than 90 percent marks. The result of this examination was declared on 16th June97. Petitioners who had applied under Open category were declared successful in the written test as they had secured more than 70 marks. According to the petitioners before the interview process could commence as per programme indicated in notification dated 16th June97, another notification came to be issued in July"97. As per the petitioners, the minimum criteria was relaxed. By this relaxed criteria, the candidates who had obtained 64 percent marks were also called for interview. The petitioners were interviewed. When the results were declared, it was found that they were not among the successful candidates. According to the petitioners, the selection process was not fair. There was large scale favourtism and nepotism in this process. Respondents 12 to 59 came to be selected as Naib Tehsildar. This is being challenged interalia on the following grounds: -