ABHISHAKE SHARMA Vs. UT OF J&K

JUDGEMENT

(1.) The Respondent No. 3 issued Notification No. 1/2020 dtd. 26/6/2020 inviting application forms for appointment of Class-IV posts. Certain posts were reserved for the candidates belonging to the ALC category. The date of commencement of submission of the application forms was 10/7/2020 and the last date for submission of the application forms was 25/8/2020.

(2.) The Government of Jammu and Kashmir, Social Welfare Department vide S.O. 226 dtd. 17/7/2020 issued a list of villages adjoining to the International Border within the radius of 0 to 6 kms and the Petitioner claims to be the resident of village Jassore that is also within the radius of 0-6 Kms from the International Border but in the said list, the village of the Petitioner was not included by the Government. The Petitioner, as such, applied online for seeking consideration to the said post under Divisional Cadre, Jammu in the open merit category on 10/8/2020. Thereafter, the Government of Jammu and Kashmir, Social Welfare Department vide S.O. No. 59 dtd. 22/2/2021 in amplification to its earlier order dtd. 17/7/2020, issued a list of villages falling within the radius of 0 to 6 kms of International Border of District Jammu. The said list included the village of the Petitioner as well. The certificate was accordingly issued in favour of the Petitioner by the competent authority on 29/5/2021

(3.) The Respondent No. 3 vide order dtd. 23/6/2021 issued a provisional list of short-listing of the candidates for the posts of Class-IV and immediately thereafter, the Respondent No. 3 notified the last cut off point for each cadre/category. It is stated that the cut off point in the ALC category is lower than the merit of the Petitioner. It is also stated that because of the belated notification, the Petitioner was considered under the open merit category and also it is stated that the certificate which is only an evidence to certify that a person is resident of area belonging to line of control was produced before finalization of selection process, as such, the Petitioner cannot be denied consideration as a reserved category candidate. The Petitioner claims to have made a representation with the Respondent Nos. 2 and 3 for consideration of his case under the ALC category. The Petitioner has prayed for issuance of a direction to the Respondent Nos. 2 and 3 for consideration of his certificate dtd. 29/5/2021 issued by the competent authority certifying that the Petitioner is a resident of area adjoining the international border, to have been issued prior to the last cut off date i.e. 25/8/2020 and further directing the Respondent Nos. 2 and 3 to consider the candidature of the Petitioner under ALC category and also for directing the Respondent Nos. 2 and 3 to allow the Petitioner to participate in the counselling-cum-document verification process.