SHABIR HUSSAIN Vs. JKEDI AND ORS.

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking to quash the select list issued by the respondent, Jammu and Kashmir Entrepreneurship Development Institute (JKEDI) whereby respondent No. 5 has been selected for appointment as Trainer, with a prayer for directing the official respondents 1 to 4 to select and appoint the petitioner on the said post. The case of the petitioner is this: that the respondent No. 1 issued advertisement notice No. JKEDI/P & PR/Advt./2013/13 dated 23.03.2013 inviting applications to fill up certain Faculty Positions either on contract or deputation basis initially for a period of two years. The Faculty Positions mentioned in the advertisement notice included the five positions of Trainer, Centre for Trainings & Skill Development. The notice, apart from other things, mentioned the minimum required qualification for the posts in question. The petitioner offered his candidature. According to the petitioner, he received call letter dated 18.05.2013 advising him to appear in the screening test on 29.05.2013 at JKEDI Campus Jammu. It is averred that it was mentioned in the call letter that the candidates who qualify the screening test shall have to appear in viva voce for the final selection. The petitioner appeared in the screening test on 29.05.2013 at JKEDI Campus, Jammu. It is stated that the screening test was an aptitude test, which included questions relating to economic development of J & K State. The petitioner secured 26.25 marks in the screening test; whereas, according to him, the topper in the said test secured 28.25 marks. It is averred that in the result sheet of the screening test, the name of private respondent No. 5 figured at serial No. 5 and he was shown to have remained absent. The petitioner in support of this assertion has appended a copy of the result sheet as annexure C to his petition. It is the further case of the petitioner that the official respondents, thereafter, as per the screening test evaluation, shortlisted the candidates and informed thorn vide notification No. JKEDI/P & PR/Advt./2013/34 dated 01.06.2013 to visit the Institute alongwith all relevant testimonials/documents for verification by or before 04.06.2013. In the said notification, for the post of Trainer, names of 16 candidates were mentioned. However, respondent No. 5's name did not figure therein. Thereafter, the final selection list of candidates for various posts was notified wherein respondent No. 5 was shown to have been selected as Trainer at serial No. 2. The petitioner has, therefore, filed this writ petition seeking to quash respondent No. 5's selection as Trainer mainly on the ground that whereas petitioner had secured 26.25 marks in the screening test, respondent No. 5 had absented himself. Therefore, selection of respondent No. 5 is bad in law and the result of an arbitrary exercise of power by the official respondents.

(2.) The official respondents 1 to 4 as well as private respondent No. 5 have filed their respective replies.

(3.) The official respondents in their reply have stated that the petitioner has filed the writ petition on misleading facts and, thereby, approached the Court with unclean hands. It is averred that after receipt of applications pursuant to advertisement notice dated 23.03.2013, they notified the schedule for the conduct of the screening test of the eligible candidates vide notice dated 28.05.2013. The candidates were informed that the screening test shall be conducted at JKEDI Main Campus, Pampore and Jammu Campus, JLN Udhyog Bhawan. They received an application from respondent No. 5 for changing his test venue from JKEDI Main Campus, Pampore, to Jammu Campus JLN Udhyog Bhawan, for the reason that he was out of State and it would be convenient for him to appear in the test at Jammu Centre. His request was acceded to and he was telephonically informed to appear at Jammu Centre on the date and time already specified in notice dated 18.05.2013. It is stated that respondent No. 5 thus appeared in the screening test at Jammu Centre. To buttress this statement, the answering respondents have placed on record a copy of the application dated 22.05.2013 and scanned copy of the e-mail sent by respondent No. 5 in that behalf. They have also placed on record copies of the attendance sheet of the Jammu Centre, answer scripts of the screening test held on 28.05.2013 and 29.05.2013 containing the signatures of the invigilators and other staff members.