ABDUL RASHID Vs. STATE OF J & K

JUDGEMENT

(1.) Through the medium of the present petition petitioners have challenged the selection of respondents Nos. 3 to 9 allegedly having been made in contravention of stipulations contained in the advertisement notice. In the alternative the petitioners prayed for a writ of mandamus seeking their own selection for the post of Physical Education Teacher in District Baramulla. The solitary ground taken in the petition is that in the advertisement notice,.the selection was to be made in the District amongst the local candidates only, whereas the private respondents being non-local have been selected ignoring the conditions of the advertisement notice.

(2.) During the pendency of petition, petitioners filed supplementary affidavit with additional ground of challenge to the select list. In this supplementary affidavit further grounds of challenge as indicated are that (i) the selection made is in violation of the rules framed viz. The Jammu and Kashmir Education (Subordinate Service Recruitment) Rules 1979; (ii) selection on the basis of oral interview alone is not permissible and is violative of the dictum of the judgment of the Apex court in Ajay Hasia's Case; (iii) no Sports Expert was associated with the process, of selection. In the prayer, it was contended that the advertisement notice as also the entire selection made to the post of Physical Education Teachers in District Baramulla be quashed.

(3.) The Service Selection Board, viz. the selecting body filed reply through its Secretary. Besides contesting the claims of the petitioner on the merits of the allegations made in the petition and the supplementary affidavit, what is stated is that all the writ petitioners were ineligible. As petitioners Nos. 1 , 3 and 4 were found ineligible by the selection committee and hence were not accorded any consideration In respect to petitioner No.2 it is stated that he acquired the requisite certificate of qualification on 15.4.1991. It is further stated that the selection was made on the basis of merit scorded by the selectees in the interview conducted by the Recruitment Board. It is also the case of the respondents that the advertisement notice contained no stipulation regarding the selection to be made amongst the locals. Therefore, no fault can be found with the selection of the private respondents.