MOHAMMAD RAFIQ BABA Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner claims to have responded to an Advertisement notice no NB-2682 dated 18.03.2010 issued on behalf of Director General, National Cadet Corps, published in a local daily on 19.03.2010, inviting applications from eligible candidates amongst others for the post of Lascars, Boat Keepers and Peons, District Cadre, Srinagar. The advertised posts being District cadre posts, the zone of consideration was restricted to the candidates belonging to District, Srinagar. Petitioner participated in the selection process. He did not find place in the select list notified by Group Commander, NCC Group Headquarter, Srinagar and published in a local daily on 04.04.2011. The selection list included the name of Sh. Waseem Raja S/o Abdul Ahad R/o Anzimar, Khanyar Srinagar under Open Merit Category and Sh. Niyaz Ahmad Wagay S/o Ali Mohammad Wagay R/o Abhama, Pulwama for the post of Boat Keeper, while petitioner was shown at Serial No. 1 in the waiting list.

(2.) Petitioner aggrieved with his non-selection and selection of respondent no. 4 against the post of Boat Keeper, has filed writ petition on hand. His case is that the post of Boat Keeper in terms of Advertisement Notice in question, is a District Cadre post and only a candidate from District Srinagar would be eligible for the post. It is pleaded that as respondent no. 4 hails from Village Abhama, District Pulwama and lacks eligibility, he could not have been allowed to participate in the selection process, much less to be selected against the aforesaid post. Petitioner claiming to be a resident of Tailbal, Wangunda, Shalimar, District Srinagar, insists that he deserved to be selected against the aforesaid post in place of respondent no. 4, who belongs to a different district and therefore not eligible in terms of advertisement notice.

(3.) Petitioner on the strength of averments made in the petition seeks a Writ of Certiorari, quashing the selection list issued by respondent no. 4 and published on 04.04.2011 and Writ of Mandamus commanding the respondents to maintain "his candidature" and not to operate the reservation qviota in contravention of Rules.