STATE OF J&K Vs. JEHANGIR AHMAD KHANDAY

JUDGEMENT

(1.) The instant appeal is directed against an inter locutory order dated 20.08.2011, passed by learned Single Judge of this Court in CMP no. 2981/2011, directing the appellants to allow the writ petitioner-respondent to join against the post of Constable in J&K Executive Police in District Anantnag, despite the fact that after his selection, he has been found involved in case FIR no. 122/2010 registered at Police Station, Qazigund under Sections 354,427,323,336,147 and 447 RPC. The trial in the aforesaid FIR was pending. The order dated 20.08.2011 deserved to be read in extenso and the same reads thus:-

(2.) Mr. Magray, learned Senior AAG, appearing for the appellant-State, has argued that once the antecedents of a selected candidate have been found to be unworthy of entry tpo government service like a Police Constable, in as much as, a criminal case has been registered against him, then the appellant-State is within its right to deny him the appointment. Another submission made by Mr. Magray is that selection does not confer any indefeasible right which has come to be vested in the writ petitioner-respondent He has also placed reliance on Rule 185 of the Jammu and Kashmir Police Rules, 1960 ((for brevity the Rules) and argued that it is mandatory to verify the antecedents of a selected candidate with the object of ensuring that no candidate with doubtful antecedents could enter the service.

(3.) Mr. J. I. Ganai, learned counsel for the writ petitioner-respondent, however, has submitted that the appellant-State in one case is allowing the joining of a Constable whereas in another case it is raising objection which is totally arbitrary. According to the learned counsel, the writ petitioner-respondent deserved to be appointed and the learned Single Judge did not commit any error by directing the appellants to permit him to join because the result of trial in cases concerning FIR may not be available for a long period.