VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) J &K State Service Selection Board, Jammu started process for recruitment of teachers in various schools of Kathua district by issuing advertisement notice No;2 of 1987 on January 2, 1987, inviting applications on prescribed forms from permanent residents of the State. In all 4804 candidates applied for the posts who were interviewed at various places of that district during December 1988. Selection letters were issued to 560 candidates in September, 1989 out of which 39 ware trained post -graduates, 104 post graduates, 55 trained graduates, 272 graduates, 43 under graduates, one trained matriculate and 39 matriculates. Thereafter a bunch of writ petitions were filed by the non -selected candidates which were heard by the learned Single Judge of this court who by a common judgment dated October 11,1990 quashed the appointments of selected candidates and directed official respondents in those cases to fill up vacancies of teachers in that district afresh. Aggrieved by that judgment selected teachers who are working in various schools of Kathua district have filed abovesaid Letters Patent Appeal. As common questions of Law and fact are involved in all these appeals, we also propose to dispose of the same by this common judgment.

(2.) NON -selected candidates in their petitions had alleged that no definite system or pattern was adopted by the members of Selection Board for conducting interviews nor was any uniform standard, criteria or test laid down for the said purpose and also that interviews were conducted by individual members contrary to rules under which such interviews were to be conducted for the Board jointly. There was another plea raised in petitions that list of the selected candidates was not published either by the Selection Board or by any other authority and instead individual appointment orders were issued by District Education Officer to the Selected candidates. They also alleged glaring illegalities and irregularities by the selection Board in evaluating suitability of candidates who had applied for the posts. These non -selected candidates also averred in their petitions that candidates having better qualifications were ignored and those having lesser qualifications were selected. There was also allegation in the petitions that selection was made on the basis of religion and place of birth and against the mandate of Art. 14&15 of the constitution of India. They further took the plea that selection was made entirely on the basis of interviews conducted by individual member of the Board without prescribing any definite system, pattern or mode. They also alleged large scale bungling committed at the time of interview.

(3.) THE respondents in those petitions filed counter affidavits in some of the petitions stating that all the petitioners in those petitions were considered for the posts of teachers .by the Selection Board and after due consideration they were not selected and selection was made strictly in pursuance of SRO 459 of 1987 dated 15 -9 -1987 which authorised the Board to adopt and follow the procedure modus operand! it may deem fit for selection of candidates for each category. It was further pointed out in these reply affidavits that a uniformally approved criteria was adopted by the Selection Board keeping in view academic qualifications of the candidates, particularly basic merit obtained by them in matriculation examination plus marks fixed for higher qualification. They also stated that merit, suitability and performance were adjudged by the selection committee at the time of interview of candidates and due consideration was given to candidates of scheduled castes and other reserved candidates of ex -serviceman, handicaped, part time, instructors, candidates hailing from bad -pockets, border blocks etc. so far as they came up to the mark. They denied the allegations of favourtism, nepotaism, corruption and political pressures. They have also stated about the criteria adopted by the Board in pursuance to SRO 459 dated 15 -9 -1987 in the following manner: -