AMIT SHARMA Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) This is a petition seeking writ of certiorari for quashing selection of respondent No. 3 as Research Officer in Public Works Department of the State made by the State Public Service Commission/respondent No. 2 (hereinafter for short the PSC) in terms of select list dated 19.05.2010 and writ of mandamus commanding the PSC to declare the petitioner as having been selected and commanding respondent No. 1 to appoint the petitioner against the said post.

(2.) A brief resume of some undisputed facts is necessary: The post of Research Officer is borne on the cadres of the Jammu and Kashmir Engineering (Gazetted) Service governed by the Jammu and Kashmir Engineering (Gazetted) Service Recruitment Rules, 1978 (for short the Rules). The Rules as per Rule 5 read with the Schedule prescribe the qualification and method of recruitment of the members of the Service. Recruitment to the post of Research Officer is provided by direct recruitment and by promotion on 50:50 bases. The PSC by Vacancy Notification No. 9 -PSC of 2009 dated 17.03.2009 inter alia called for applications for one post of Research Officer in the Public Works Department by direct recruitment in Open Merit Category. Last date for receipt of applications was fixed as 30.04.2009. In the said Notification, the requisite qualification for the said post in line with the Rule position was given as:

(3.) Heard. I have perused the record including that produced by the PSC. Besides submissions at bar, counsel for petitioner and counsel for respondent No. 3 have supplemented their arguments by providing written submissions in the intervening period, which shall form part of record.