BASANTI KUMARI Vs. STATE

JUDGEMENT

(1.) BY medium of these two petitions the selection and consequent appointment of the respondents 10 to 70 is sought to be quashed on various grounds as mentioned therein, and declaring section 13 (c) and 14 (a) of the J&K State subordinate services Recruitment Board Act, 1986, as ultravires of the constitution for conferring upon the Board unguided and unbridled powers, and commending the respondents to appoint the petitioners in both the petitions to the posts of teachers in the Education Department of the state.

(2.) IN the petitions it is stated that in 1986 the respondent no. 2, invited applications by issuance of an advertisement notice for the posts of teachers from the different Districts of Kashmir valley. It was indicated therein that in District of Baramulla - there were 50 vacancies for male candidates and 53 for female candidates, i. e, total of 103 vacancies. The essential qualification prescribed was matric and above. The desirable qualifications were shown graduate, trained graduate and post -graduate or trained post graduates. In the advertisement notice there was no reservation for any category or class. The petitioners also applied for the said posts who are possessing the following educational qualifications.

(3.) FOUR counter affidavits have been filed by the respondents in writ petition No. 500 of 1987. The respondents 4, 8, and 9 have filed one reply through Gulam Nabi Bhat. Ishtiaq Ahmad Aishia has filed another reply on behalf of respondents 1 to 6. The respondent No. 3, has filed a counter separately. Haleema Bano respondent no. 14 has filed a counter separately The said counters in substance are all same and state as under: - 1) That eligibility prescribed in advertisement notice was not in accordance with the recruitment rules and was therefore corrected later on by way of a corrigendum, 2) That after consisting the selection committee, the Board laid down guidelines and criteria for selection of teachers 25% of the total marks were provided for interview, while 75% marks for academic qualification including 15% marks for higher qualifications i. e. 60% for Matriculation and 15% for higher qualification. 3) That 60 to 80 candidates were interviewed per day, and sufficient time was given to interview them.