STATE OF J&K Vs. PARSHOTAM LAL KHAJURIA

JUDGEMENT

(1.) The respondent No. 1-writ petitioner has not been appointed on the post of Naib Tehsildar though was recommended by the Service Selection Board in pursuance to the judgment impugned in this appeal because of the pendency of this appeal, which is filed by the State of Jammu and Kashmir. In the year 1993, 70 posts of Naib Tehsildars were advertised by Jammu and Kashmir, Service Selection Board vide Advertisement Notice No. 2 of 1993 dated 21.6.1993. Five percent of the posts were reserved for EX-SERVICEMAN category. The five percent of the 70 posts would mean that 3.5 posts were to be made available for the candidates belonging to the Ex-Serviceman Category. The respondent-Service Selection Board advertised three posts for this category. One Sh. Vijay Sharma did not succeed in the selection process. As he belonged to the Ex-Serviceman category, filed writ petition, bearing SWP No. 165/2000 before the writ court. One of the pleas taken by the said Vijay Sharma was that 3.5 posts when rounded off would come to four posts.

(2.) The contention of Sh. Vijay Sharma was negatived by the learned writ court, which resulted in filing of LPA No. 57/2005.

(3.) The Division Bench of this Court vide its judgment dated 5.12.2005 ruled that 3.5 posts when rounded off would come to four posts. The Division Bench also directed the Service Selection Board to forward the name of the writ petitioner/appellant therein to the Government for his appointment, in case his merit position warrants such appointments and if being next candidate in the order of merit.