SOM NATH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS appeal is directed against the Writ Court judgment dated 15th March, 2005, dismissing the appellantâ„¢s writ petition, SWP no.856/2001.

(2.) THE appellant had filed the writ petition seeking quashing of selection made by respondent no.2 for the post of Servicing Operator in the Department of Mechanical Engineering dated 22nd March, 2001 and for a further direction to appoint him to the post in the grade of 4000 -6000 in view of his longest experience and also the merit.

(3.) HIS case before the Writ Court was that first respondent had referred two posts of Service Operator for selection and that second respondent had issued advertisement notice no.2 of 1999 on 17th May, 1999. This advertisement did not indicate that any of the two posts was reserved for RBA category. But still respondent no.2 forwarded the selection list recommending only one candidate in open merit category and no candidate for the other post was recommended on the ground of non -availability of reserved category candidate. His case further was that respondents 1 and 2 had wrongly reduced the number of posts to one and had withheld the other post under the label of RBA category post, when that post was an open merit post for which he was entitled to be selected and appointed.