J&K PUBLIC SERVICE COMMISSION Vs. KRISHAN LEELA

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 28.02.2000 rendered by the learned Single Judge of this Court, while disposing of SWP no. 377 of 1997 alongwith CMP(SW) 9-D-2000. The short order passed by the learned Single Judge is a self speaking order. Accordingly, the same is set out below in extenso:-

(2.) Despite service, no one has put in appearance on behalf of respondent no. 1 who is the contesting respondent. As the appeal pertains to the year 2001 and the selection process started in 1995, we proceed to hear the counsel for appellant-J&K Public Service Commissioner.

(3.) The facts of the case may be first noticed. The appellant has submitted that the writ petitionerrespondent no. 1 filed a petition relatable to the instant appeal seeking relief to appear in Combined Competitive Examination (Mains) for Civil Services. Her case is that she has qualified the written examination in the Combined Services (Preliminary) 1995 and was entitled to appear in the Entrance Test which was to be held on 14.03.1997. A notification dated 21.02.1997 called upon her to produce the certificate substantiating her claim that she belongs to Reserved Category of Backward Area (RBA). She had asserted that the certificate could not be produced because of untimely demise of her father. She sought and was granted permission to sit in the Entrance Test conducted on 14.03.1997 and as per the direction of the Court her result was withheld. The writ petitioner-respondent claimed that she qualified in the Combined Services Examination (Preliminary) 1995 and was granted admission certificate to appear without submission of any certificate with regard to Reserved Category of Backward Area (RBA). In the notice published in the English Daily (Daily Excelsior) on 25.02.1997, the candidate including the writ petitionerrespondent were directed to submit the certificate on or before 10.03.1997 failing which they were not to be permitted to appear in the Main Examination. She failed to submit her certificate of Backward Area entitling her to claim consideration under the Reserved Category of Backward Area (RBA). Accordingly, she was not allowed to take the Main Examination.