SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) ALL these three connected Petitions are related to legality or otherwise of selection of teachers made by the respondent -State in response to advertisement Notice No. 4 of 1990 dated 19 -4 -1990, (hereafter to be called as the notice), in Kathua district. It will be pertinent to mention here that after the publication of the first select list a supplementary list of 26 candidates vas issued by the Recruitment Board. The petitioners in Writ Petition No. 736 of 1992 and W.P. No. 186 of 1992, after calling in question both the lists, prayed for an interim relief of stopping the implementation of the supplementary select list. This Court on 6 -4 -1993 after issuing notice in D.W.P. 186/93, by way of ad -interim direction, ordered that no appointment orders should be issued on basis of the supplementary select list this interim direction, by way of continuation subsists. The result being that those all the candidates, selected vide supplementary lists are hanging in the air. They filed S.W.P. No. 107/93 in which they sought a direction from the Court that orders of their appointment are issued and they be allowed to join as teachers. The fate of all these three petitions revolves around the question as to whether or not the selection of teachers made by the State Government in 1990 vide the advertisement notice was valid.

(2.) THE grounds on which the selection has been challenged are as under: -

(3.) IN the first instance, after having a prima facie look at the com parative table given by the petitioners, with respect to the petitioner, and the non -official respondent, I was allured by the argument of arbitrariness. This was s0 because Raj Kiran obtains 403 marks in matri cuilation and has passed his M.Phil, examination. Similarly Yashpal petitioner obtains 392 marks in matriculation and is also M Phil These people have not been selected. Similarly Suresh Kumar carries 428 marks in matriculation and is M.A.B Ed. He also has not been selected As against this Usha Rani obtains 380 marks and Alpna Jasrotia obtains 307 marks in matric and are B.A. B.Ed. and M.A. only respectively. They have been appointed. This put me to an alert because at a birds eye view it look like discrimination. I wanted to know as to how could this come about.