REPUJEET BAKSHI Vs. STATE

JUDGEMENT

(1.) The dispute in this appeal relates to the appointment against the post of Soil Conservation Assistants (Engineering), Bio-Gas Engineers and Technical Assistants, required to be filled up by direct recruitment.

(2.) In order to address the controversy as raised in the present appeal, it would be relevant to note some facts, which are as under:-

(3.) The process for appointment to the above posts initially was initiated by the Public Service Commission in the year 1997. An advertisement notification dt. 4th of Dec'97, came to be issued in this regard, whereby 44 posts of Soil Conservation Assistants (Engineering) in the Agriculture Department were advertised, which posts were required to be filled up in accordance with the eligibility criteria as contained in the Jammu and Kashmir Agriculture (Gazetted) Service Recruitment Rules, 1988 (hereinafter called the Rules of 1988). The Schedule appended to the said Rules provided 100% direct recruitment to the said post and the qualification prescribed is B.Sc. Agriculture Engineering from a recognized Institute/University. This notification was subject matter of challenge in a writ petition bearing SWP No. 93/98.