PREM NATH Vs. STATE OF J AND K

JUDGEMENT

(1.) In response to an advertisement notice No. 04 of 2004, dated 23rd of Sept'2004, the Petitioner along with other eligible candidates applied for the post of Junior Engineer (Electrical) Grade-II, in the Handicapped category. The process of selection for the post was by way of interview only. Petitioner participated in the said selection process but remained unsuccessful. It is his now selection against the aforementioned post, which is being challenged in the present petition.

(2.) Contention raised by the Petitioner is that he completed three years Diploma Course in Electrical Engineering which was the basic qualification fixed for the aforementioned post, and secured 60.56 marks. It is stated that candidates with lesser marks in the basic qualification have been selected in the category to which the Petitioner belongs. Particular reference is made to Respondent No. 4, who is said to have secured 60.28 marks. The further contention raised is that in terms of Section 22 of the J&K Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1998, which provides for 3% reservation for Handicapped category in each department of the State, ten posts were required to be filled from amongst the said category as the total No. of vacancies were 315, only six candidates have been selected as such under the above category. It is stated that no reasons have been given by the Respondent-Board as to why the full quota under the above category was not exhausted while making the selection.

(3.) Selection made by the Respondent-Board is further sought to be questioned on the ground that only 315 posts were advertised whereas, 323 candidates have been selected in all. Even in the case of other reserved categories, there was no compliance of the Reservation Rules by the Respondent-Board. In RBA category, 63 posts were to be filled up but the total No., of candidates selected were 65; as against 30 posts in ST category, 31 were selected and in SC category 27 candidates were selected as against 26 vacancies which were available to the said category as per the Rules. It is, thus, contended that the whole of the selection process is not in accordance with the law and the Rules governing the subject so far as filling up of the posts in Reserved categories is concerned.