TANVEER MAJEED CHOWDHARY Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 23.04.2012 passed by the learned Single Judge of this Court, dismissing SWP no. 2337/2011, holding that the grievance made by the writ petitioner with regard to many questions being out of syllabus was not raised at the appropriate stage. The learned Writ Court further held that at a belated stage the writ petitioner- appellant could not have raised such a plea as the initial period of three days has expired as provided by Rule 12-A of the J&K Public Service Commission (Conduct of Examination) Rules, 2005.

(2.) THE matter pertains to selection and appointment of 15 posts of Assistant Legal Remembrancers/ Public Law Officers. Obviously the writ petitioner-appellant could not make mark in the written test and then raised the grievance before the Writ Court that a number of questions were out of syllabus. However, the Writ Court did not feel persuaded to accept his claim and dismissed the writ petition. Feeling aggrieved the instant appeal has been filed.

(3.) THIS Court proceeded on the assumption that the writ petitioner- appellant qualified the screening test after the counsel for parties had agreed on 19.07.2012 that the writ petitioner- appellant be permitted to appear for viva voce provisionally and the following order was passed:-