RAJNI BALA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) In this petition, invoking Article 226 of the Constitution of India, the petitioner prays for a writ, order or direction in the nature of writ of certiorari to quash the selection and appointment of private respondents as Junior Legislative Assistants made by the Jammu and Kashmir Legislative Assembly Secretariat, Jammu vide office order No.867-71/Adm/2009 dtd. 14/2/2009 ["impugned order"]. The petitioner also prays for a direction in the nature of writ of mandamus to the official respondents to select and appoint him as Junior Legislative Assistant against the third post meant for Scheduled Caste category as per reservation roster.

(2.) The impugned order is assailed primarily on the ground that the third post of Junior Legislative Assistant meant for Schedule Caste category has been erroneously filled up by selecting and appointing a candidate from the general category and, therefore, the reservation roster as provided under the Jammu and Kashmir Reservation Rules, 1994 ["Rules of 1994"] has been violated. The petitioner claims that she was the only eligible candidate under the Scheduled Caste category to fill up the third post notified for selection by the Jammu and Kashmir Legislative Assembly Secretariat.

(3.) Before dealing with the submissions of Mr. Roop Lal, learned counsel for the petitioner in support of his challenge to the impugned selection and appointments, it would be appropriate to notice few material facts.