JOHN MOHD. BHAT Vs. SKIMS

JUDGEMENT

(1.) The Petitioners responded to advertisement notice No. (01) SKIMS-MC of 2007 dated 31st May 2007 whereby applications were invited by Respondent No. 1 amongst others for the post of Estates/Transport Officer. The advertisement notice laid down the following eligibility criteria for the advertised post: B.B.A. with one year experience or diploma in Civil/Mechanical Engineering with three years' experience in Estates/Transport Department.

(2.) The Petitioners found place in the list of as many as 31 eligible candidates at serial numbers 4 and 6. Shri Suhail Ahmad Reshi-Respondent No. 4 herein also applied for the aforesaid post and figured at serial No. 19 in the list of eligible candidates. The Petitioners and Respondent No. 4 participated in the selection process. However, Respondent No. 2 on the recommendations of the Selection Committee/Respondent No. 3, vide order No. SKIMS-MC 274 of 2008 dated 4th October 2008 appointed Respondent No. 4 as Estates/Transport Officer.

(3.) The Petitioners, aggrieved at the appointment of Respondent No. 4 as Estates/Transport Officer, seek quashment of appointment order No. SKIMS MC 274 of 2008 dated 4-10-2008 as also direction to Respondents 2 and 3 to appoint the Petitioners against the advertised post on the ground that Respondent No. 4 did not fulfill the eligibility criteria i.e. qualification and experience prescribed for the post, detailed in the advertisement notice and that the Petitioners apart from being fully eligible for the post have better merit as against Respondent No. 4 and thus right to be considered for appointment against the post.