BASHIR AHMAD ALLAYEE Vs. STATE

JUDGEMENT

(1.) THESE three Letters Patent Appeals have been filed against the judgement of Ld. Single Judge passed on 4.6.2002 in SWP Nos. 2312/98 (Bashir Ahmad Allayee & Ors. v. State & Ors.) 3745/97 (Manzoor Ahmad Dar & Ors v. State & Ors.), and 3833/97 (Farhat Sheikh v. State & Ors.). Since the LPAs arise out of one judgement and issues involved are common, these are being disposed of by this judgment.

(2.) THE facts are very short. Jammu and Kashmir Service Selection Board by means of an advertisement Notice No.04 of 1997 dated 29.5.1997 invited applications from permanent residents of J&K State for the posts of physical education teachers. Requisite qualification for the posts was prescribed as Metric with course certificate in physical education. Clause XV of the advertisement notice further provided that no application shall be entertained for District cadre posts from the candidates belonging to other District or who possesses an ambiguous permanent resident certificate.

(3.) PETITIONERS in the above mentioned writ petitions also applied but were not selected while as about 21 persons who are arrayed as respondents in the above mentioned writ petition got selected. The selection pertains to District Budgam and both the petitioners and the selectees belong to that district. The appellants Manzoor Ahmed Dar & Ors challenged the selection by means of above mentioned writ petitions on the main grounds that the selected candidates possess BP Ed. and MP Ed qualification as such did not possess the minimum prescribed qualification i.e. Metric with course certificate in physical education as such their selection was not proper. Learned counsel for the appellants in his oral submissions, before Ld. Single Judge also challenged the advertisement notice and selection process being violative of Article 14 and 16 of the Constitution on the ground that it was a district wise selection and a candidate was not allowed to apply in other districts.