J&K SERVICE SELECTION BOARD Vs. BHARAT VIJAY

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dtd. 22/11/2016 delivered by the learned Single Judge in SWP No.1157/2008, whereby the learned Single Judge while disposing of the writ petition directed the Chairman, J&K Service Selection Board to hold fresh interview of the writ petitioner and thereafter take a decision with regard to selection of writ petitioner.

(2.) The facts-in-brief as gathered from the appeal file are that pursuant to advertisement notice dtd. 3/7/2007 issued by the J&K Service Selection Board, the writ petitioner applied for the post of Draftsman Civil, Public Works Department, Division Kashmir. The prescribed criterion for selection was 70 marks for qualification and 30 marks for interview. The writ petitioner obtained 48.22 marks for his qualification out of 70 marks. The select list was published on 8/12/2007 vide which 34 candidates were selected under the open merit category, however, the writ petitioner was not selected. He made an application under the Right to Information Act seeking to provide the marks given to the selected candidates as well as to the wait list candidates. When there was no response on behalf of writ respondents, the writ petitioner filed SWP No.320/2008 which came to be disposed of on 27/3/2008 with a direction to J&K SSB to supply the information as sought for. Accordingly, the J&K SSB supplied the information in respect of 34 selected candidates which revealed that the selected candidates were awarded marks in the viva-voce between 19.33 to 29 marks, whereas the writ petitioner was awarded 5.67 marks in the viva-voce out of 30 marks. Accordingly, the writ petitioner filed SWP No.1157/2008 seeking to quash the select list dtd. 8/12/2007 for the post of Draftsman Civil, Division Cadre Kashmir and also to appoint the petitioner as Draftsman Civil with all consequential benefits.

(3.) The learned Single Judge, while disposing of the writ petition vide judgment dtd. 22/11/2016 delivered in SWP No.1157/2008, passed the following order: