AJAY KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) The Jammu and Kashmir Public Service Commission issued Notification No.06-PSC of 2011 dated 19.04.2011 for selection of eligible candidates against available vacancies of Assistant Controller in Consumer Affairs & Public Distribution Department of the State Government. The essential qualification prescribed for the post was Graduation. The petitioners are Science Graduates. Petitioner No.1 additionally holds Post-graduation and Doctorate Degrees. They have questioned the Public Service Commission s Notification besides the Jammu and Kashmir Legal Metrology (Gazetted Service) Recruitment Rules, 2005. According to them, the State having prescribed Graduation in Science with Physics as one of the subject, Technology or Engineering or a recognized Diploma in Engineering, as one of the essential qualifications for entry into the Jammu and Kashmir Legal Metrology (Subordinate) Service, the qualification of simple graduation prescribed for Jammu and Kashmir Legal Metrology Gazetted Service, a service superior to the Subordinate service, was unjustified, in that, the Gazetted Service Recruitment Rules must necessarily have higher qualification or atleast similar qualification as prescribed for entry into the Subordinate Service, for posts on the cadre of the Gazetted Service.

(2.) Heard learned counsel for the parties.

(3.) It was not disputed at the time of consideration of the Petition that the petitioners have not competed for selection against the posts notified vide impugned Notification although they were eligible therefor.