STATE OF J&K Vs. RAVINDER SINGH

JUDGEMENT

(1.) THESE two appeals* under Clause 12 of the Letters Patent are directed against judgment and order dated 13.12.2010 rendered by the learned Single Judge of this Court, in SWP no. 208 and 209 of 2010. With the consent of learned counsel for the parties, LPASW no. 122/2011 is formally admitted and taken up for final disposal with the admitted appeal, namely, LPASW no. 123/2011. When the matter came up for motion hearing the operation of the judgment was stayed by order dated 12.10.2011.

(2.) BRIEF facts of the case may first be re-visited in order to put the controversy in its proper perspective. The appellant- State issued an advertisement notice dated 07.02.2009 inviting applications for appointment to the post of Constable. The criteria for physical standard and award of marks of basic qualification was also published in the advertisement notice (Annexure A). It would be appropriate to extract the criteria as published in the Press, which reads as under:-

(3.) IN order to ascertain the factual position as to whether the writ petitioner-respondents attached any diploma certificate secured from ACSA study centre Ramban, we summoned the original applications submitted by the writ petitionerrespondents. A perusal of the file would show that Ravinder Singh had attached a certificate issued by Janta Commercial College, certifying that he was a student for English typing course from 06.08.2007 to 06.02.2008. Tanveer Ahmed Naik, the other writ petitioner-respondent had attached one years Diploma course certificate issued by Asian Institute of Information Technology, certifying that he had completed the Diploma Course by passing the final examination held in Nov/Dec 2007. The Asian Institute of Information Technology is again a private institution and there is nothing on the record to suggest that the institute is recognized by the State government. It is thus clear that no certificate for earning 02 marks, as contemplated by the criteria fixed, was placed on record before the cut off date i.e. 18.03.2009. It has also been made specifically clear that under condition no. III (d) 2 marks each of the additional qualification subject to maximum six marks were to be awarded for a diploma in Typing/Shorthand from a recognized institute or Diploma in Computer from any recognized ITI/College.