TALIB HUSSAIN DAR Vs. STATE

JUDGEMENT

(1.) Vide advertisement notice bearing notification No. 06 of 2008 dated 28.05.2008, respondent No. 2 invited applications inter alia for filling up posts of Physical Education Teachers (PETs) in District, Srinagar. In terms of the said advertisement notice the respondent No. 2 as well prescribed the qualification as a matter of eligibility as under:

(2.) In terms of condition-V(b), the Advertisement also prescribe that the in-service candidates/contractual employees shall prepare a photocopy of the application form and route the same through proper channel. It was also prescribed that in the event of the candidates to route the application through proper channel his eligibility shall be assessed, as if he is not an in-service candidate. The relevant condition in this behalf mentioned in the advertisement notice is extracted as under:

(3.) The petitioner being fully eligible and possessed with the prescribed qualifications, states to have applied before the respondent No. 2 in the prescribed format in response to the advertisement notice well within the last cut-off date submitting all certificates as mentioned hereinabove. Since as on 01.01.2008, on the basis of his date of birth being as 10.08.1969, the petitioner was more than maximum age limit of 37 years as prescribed for Open Merit Candidates, therefore, availing the benefit of being contractual employee as also the statutory safeguard provided under SRO 255 of 2003 [Refer 2003 (1) JKS JK-189], the petitioner submitted a photocopy of the application form along with the aforesaid certificates before his immediate Administrative Authority i.e. District Youth Services, Sports Officer, Srinagar for being forwarded to respondent No. 2. It is submitted that petitioner's said application form along with the applications of other contractual appointees was forwarded by the District Youth Services and Sports Officer to the Dy. Director, Youth Services & Sports, Srinagar vide communication No. DYSSO/Sgr/2257 dated 09.06.2008, having learned reliably both from the office of respondent No. 2 as also respondent No. 3 that his application form along with other similar candidates duly completed in all respects was forwarded by the office of respondent No. 3 to respondent No. 2 vide No. DG/YSS/Cenl/3433-3448 dated 21.08.2008 under the subject "submission of application forms for the posts of P.E.Ts working on contractual basis".