IRFAN ALI BHAT Vs. HIGH COURT OF JK

JUDGEMENT

(1.) By this Writ Petition, the petitioner prays for a Writ of Mandamus to the effect that respondents be commanded to appoint him against the post of Junior Assistant in the High Court inter alia on the grounds that he being a candidate with disability was required to be engaged pursuant to his short-listing for the post in question under PHC category as no candidate in the said category has been appointed.

(2.) Briefly put the case of the petitioner is that he has offered his candidature against the post of Junior Assistant pursuant to Notification No. 323 dtd. 26/5/2017 issued by the respondent no. 2 seeking to fill up the 134 vacancies of Junior Assistants for Kashmir Division. The petitioner is stated to have been shortlisted for interview in terms of Notification No. 440 dtd. 25/6/2018 but could not find his name in the select list which was subsequently issued in terms of Order No. 655 dtd. 17/8/2018. No candidate from amongst the Physically Handicapped Category was selected, which prompted the petitioner to move a representation seeking consideration for his appointment. Since no action has been taken on the said representation by the respondents, therefore, the petitioner filed the instant writ petition.

(3.) Upon notice, the respondents appeared and filed their reply. It is stated in the reply that the petitioner has not appended with the writ petition the complete select list which belies his stand that no candidate from the Physically Handicapped Category has been selected. It is stated therein that in terms of Rule 4 of the Jammu and Kashmir Reservation Rules, 2005, 3% Horizontal reservation for physically challenged persons was adhered to. It is further stated in the reply that the petitioner obtained low merit in aggregate, therefore, could not find his place in the select list.