MEENAKSHI BANDRAL Vs. STATE OF J&K

JUDGEMENT

(1.) EQUALITY clause is invoked by the petitioners. As a matter of fact, the central tenet of all social and religious thoughts is equality of all men. This concept, means only that men may be equal in Gods eyes; they can never be equal in the eyes of other men. When we talk of equality, we forget that differences start from the moment a human being is conceived. The gap widens between men and women as they happen to live in different families; go to different schools; are taught by different teacher; discover of fail to discover individual talents and are given or not given the resources to develop. This continues to happen throughout our lives. It is on this basis, the winners and losers are determined. The facts in these two writ petitions do disclose that having won the race as tail enders the petitioners were declared losers. They approached this Court.

(2.) THE petitioners in these petitions seek a writ of mandamus to the effect that respondent authorities should consider the claims of the petitioners for appointment as Lecturer in Higher Education in the discipline of Zoology. The facts as pleaded be noticed:

(3.) THE Jammu and Kashmir Public Service Commission invited applications for the post of Lecturer in different disciplines in the department of Higher Education. These petitions pertain to the discipline of Zoology. In para 2 of the writ petition bearing SWP No. 1890/01, it is submitted that nine vacancies were advertised in the General category. Three vacancies were meant for Residents of Backward Area and two were meant for Scheduled Caste category. In all 14 vacancies were to be filled. According to the petitioners, they applied for the post. As per them, yet another notification came to be issued on 3lst Dec. 97. The number of posts which came to be advertised vide this notification were 20 in the General category, 6 in the category of Residents of Backward Area, 3 in Scheduled Caste category, 2 in Scheduled Tribe and 1 in the category of actual Line of Control. In all 32 vacancies were notified in the discipline of Zoology. Copies of these two notifications have been placed on record as Annexures A and B. In the latter notification issued by the respondents, it was mentioned that those candidates who have already applied need not apply again. The petitioner No. 2 in writ petition 1890/01, submits that as she had improved her qualification, therefore, she submitted a fresh application seeking appointment on the basis of her improved qualification.