STATE OF J & K Vs. ALTAF HUSSAIN

JUDGEMENT

(1.) ALL the L.P.A's are being disposed of by this common order, as common question of law and facts are involved in the appeals.

(2.) VIDE Advertisement Notice No. Pers/ Rectt/SIs/Ex -99/A -450 dated 22.2.1999 applications were invited from permanent residents of the State of J&K for the post of sub -inspector in J&K (Executive) Police. Apart from other conditions the notice provided for the following

(3.) LEARNED Single Judge did not find any merit in the allegation regarding the irregularities alleged to have been committed in the process of selection. However, it was held that the merit should have been determined State -wise and not Province -wise. Accordingly, the official respondents were directed by the Writ -court to give a fresh look to the matter and determine the merit State -wise and after completing that exercise all candidates falling within the meritzone were to be appointed and that was to be done without disturbing the selection already made. So far as the candidates belonging to reserved category were concerned, the official respondents were directed to take note of the observations made in SWP No. 609 of 2000, in which it was observed that Rule 15(1) of the Jammu & Kashmir Reservation Rules, 1994, prescribes the procedure for drawing up the merit list. For making the selection, the authorities have to prepare draft list of all the candidates irrespective of the class to which they belong. This has to be in order of merit. After doing so, further steps are required to be taken under Rule 15(2) of the said rules. The number of vacancies are to go to the candidates as per the ratio proportionate fixed in Rule 10. The learned Single Judge further directed that the claim of only those Candidates would be considered who have obtained not less than 50 marks. In order to obviate any difficulty in allocating the two Provinces to the selected Candidates, it was directed that an Undertaking would be taken from the candidates belonging to Jammu Province that they would not raise any objections in joining at the places as per their merit.