PAWAN KUMAR SHARMA Vs. ROMESH KUMAR SAMOTRA

JUDGEMENT

(1.) WE have heard M/s Abhinav Sharma and Irfan Noor, learned counsel appearing for the appellants as also Mr. B.S. Salathia, Sr. AAG, Mr. Vinod Bakshi, Dy. AG, Mr. J.S. Kotwal, Senior learned counsel, on Caveat and Mr. Rajinder Singh Jamwal, learned counsel for their respective respondents, in extenso, in both the appeals. We have also perused the record meticulously.

(2.) BOTH these Letters Patent Appeals arising out of the same judgment and order dated 22 -9 -2004 passed by learned Single Judge in batch of Writ Petitions, bearing SWP No. 1436/2000, entitled S. Gurmeet Singh and Anr. V/s State of Jammu and Kashmir and others; SWP No. 1502/2000 entitled Rajesh Kumar and Anr. V/s State of Jammu and Kashmir and ors.; SWP No. 1674/2000 entitled Romesh Kumar Samotra and Ors. V/s State of Jammu and Kashmir and Ors.; SWP No. 1080/2000 entitled Sanjay Sahni V/s State of Jammu and Kashmir and Ors. and SWP No. 966/200, are being disposed of by this common judgment.

(3.) BY means of the aforesaid judgment, the learned Single Judge held that writ petitions, so far as they challenge the selection/appointments of Pawan Kumar Sharma and Tariq Ahmed Mughal, are allowed and selection/appointments of Pawan Kumar Sharma and Tariq Ahmed Mughal are quashed, being against the Statutory Rules and in violation of Articles 14 and 16 of the Constitution of India. Selection/appointments of the appellants along with others to the posts of Motor Vehicle Inspectors (Technical) made by the Transport Commissioner, Jammu and Kashmir Government, vide his order No. 122/Estt. Of 2000 dated 1 -8 -2000, came to be challenged in batch of writ petitions. Three posts of the Motor Vehicle Inspectors (Technical), two for Kashmir Division and one for Jammu Division, were advertised by the Jammu and Kashmir Service Selection Board (hereinafter for short referred to as "the Board") vide Advertisement Notice No. 3 of 1997 dated 29 -4 -1997, under open category. It was during the currency of the selection process, Under Secretary, Government Transport Department, addressed a communication to the Board and referred two more posts of Motor Vehicle Inspectors (Technical), one for RBA category and the other for Scheduled Caste category, for selection to the Board. The Board was further requested to make selection for five candidates instead of three already referred to the Board. When lot many applications were received in response to Advertisement Notice No. 3 of 1997, the Board short -listed candidates vide Notice dated 15 -6 -1998 published in the newspaper. The candidates, who fell in the short -listing criteria fixed by the Board, were called for interview. Selection of Pawan Kumar Sharma and Tariq Ahmed Mughal, appellants, was also under challenge.