AMJID CHUGTAI Vs. STATE OF J&K

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 17.05.2013 rendered by the learned Single Judge of this Court allowing the writ petition filed by one Mohd. Arif-respondent No. 5. The learned Writ Court held that the relevance of additional qualification pertaining to a subject other than the one for which the post is to be filled would be relevant and a candidate who have superior educational qualification would have edge over the other. The view of the learned Single Judge is discernible from paras 7 to 10, which read thus:--

(2.) Mr. Ravinder Sharma, learned State counsel has supported the argument on the ground that the policy of the State Government concerning the subject in issue is that only those qualifications which are in the same field for which the post is advertised would constitute basis for consideration and determining inter se merit. In that regard a reference has been invited to the communications dated 27.05.2009 and 07.08.2009.

(3.) Mr. Z.A. Mughal, learned counsel for writ petitioner-respondent No. 5 has however, tried to distinguish the judgment of the Division Bench rendered in Javeed Ah. Khanday's case and the facts of the case in hand.