MOHD FAYAZ QAZI Vs. STATE OF J&K

JUDGEMENT

(1.) THESE four letters patent appeals arise from the common judgment of a learned Single Judge of this Court rendered on two writ petitions, SWP no. 491/1998 and SWP no. 727/1998. By the impugned judgment the writ petitions of the appellants (except the appellant of LPA (SW) no. 513/1998 which is the contra appeal) were dismissed.

(2.) THE dispute relates to selection for the posts of Agriculture Assistants/Agriculture Extension Officers /Research Assistants in the Agriculture production and Rural Development Department of the Government of Jammu and Kashmir. By advertisement no. 5 dated 25 -01 -1996, the Jammu & Kashmir Public Service Commission invited applications from the eligible candidates for appointment on the above said posts. Written test was held and those who secured the qualifying marks were called for interview. The appellants were also called for interview but not selected. Their case is that they possessed better qualification and they had also done well at the written test but they were not selected as private respondents got higher marks at the interview on account of very high allocation of marks for the interview vis - -vis the written test. Secondly, the recruitment rules contemplates giving preference to those who possessed M. Sc. (Agriculture) qualification but ignoring the preference clause, candidates possessing B. Sc.(Agriculture) qualification were selected. Apart from these two common grounds, the appellants also challenged individual selection of some of the private respondents. Their plea to this extent was accepted by the learned Single Judge and selection of two of them was quashed. One of them, Gul Syed, is the appellant in LPA(SW) no. 513/1998.

(3.) THE learned Single Judge rejected the contention that selection was vitiated on account of excess allocation of marks for the interview. The learned Judge noticed that the selection had been made on the basis of inter se allocation of marks as per Rule 51 of the Jammu and Kashmir Public Service Commission (Business and Procedure) Rules 1980 ( in short, 'the Business Rules), validity of which was upheld by a Division bench of this Court in the case of Abdul Wahid Zargar and Ors. v. State of Jammu and Kashmir and others (SWP No. 227/1993 decided on 22.02.1994), and the plea that the marks allocated for the interview was excessive vis -a -vis the records was therefore not tenable. The learned Judge observed that having participated in the selection without any protest the non -selectees cannot complain of any defect or error in the selection procedure. The Learned Single Judge also rejected the other contention that the selection was contrary to the recruitment rules as due preference had not been given to candidates possessing qualification of M. Sc. (Agriculture). The learned Judge held that the minimum qualification prescribed under the recruitment rules being B. Sc. (Agriculture), the candidate could be given some weight age for his higher qualification, but he could not claim any preference, as such, in the matter of selection over those who possessed the requisite qualification. Mr. M. K. Bhardwaj appearing for the appellants, except in LPA(SW) No. 513/1998, reiterated the case of the appellants. He submitted, firstly, that the candidates possessing M. Sc. (Agriculture) qualification were entitled to precedence over those possessing B. Sc. (Agriculture) qualification, and secondly, that the selection was vitiated on account of allocation of very high marks for the interview. We will first consider the question as to whether the candidates possessing M.Sc (Agriculture) were entitled to any preference and if so, to what extent and so in what manner. To appreciate the point reference may be made to the relevant recruitment rule. Recruitment on the posts of Agriculture Assistants/Agriculture Extension Officers/Research Assistants, amongst others, is governed by the Jammu and Kashmir (Gazetted) Service Recruitment Rules 1988 framed under SRO 179 dated 2.6.1988 in exercise of powers under proviso to section 124 of the Constitution of Jammu and Kashmir. Rule 5 of the said Rules provides that no person shall be eligible for appointment or promotion to any post in any class, category or grade in the service unless he possesses the qualifications as laid down in schedule II and fulfills other requirements of recruitment as provided in the rules and orders for the time being in force. Under sub -rule (2) appointment can be made by direct recruitment (including appointment by transfer) or by promotion or partly by direct recruitment and partly by promotion in the ratio and in the manner mentioned against each post in the Schedule. For the posts in question which figure at Entry VII of the Schedule the minimum qualification has been mentioned in column 5 as: