SUNAYANA Vs. J&K SSB AND ORS.

JUDGEMENT

(1.) Following reliefs are claimed in the instant petition: - -

(2.) Respondent Nos. 1 to 3 have filed objections contesting the petitioner's claim on the ground that the petitioner had failed to present the bona fide certificate in the prescribed format before the Selection Committee and was, therefore, included in the provisional select list subject to production of bona fide certificate from B.R. Ambedkar University as per proforma of the Board and Migration Certificate. It is further pleaded that the terms and conditions for selection had been incorporated in the Advertisement Notification, Clause VI(j) whereof read as under;

(3.) Bonafide Certificates had to be produced by the candidates from the respective Universities in the format prepared by the respondents. It is pleaded that despite having been asked to produce bona fide certificate in the prescribed format and despite observing in the remarks column against the name of petitioner in the provisional select list that she was required to produce the bona fide certificate in the prescribed format, petitioner failed to submit the same and was dropped during finalization of the select list. Private respondent No. 4 who was next in order of merit, was selected in place of petitioner. It is further pleaded that the provisional selection of petitioner had been subjected to production of bona fide certificate in the prescribed format besides Migration Certificate but the petitioner failed to comply with the said condition within the stipulated time of fifteen days from the date of issuance of provisional select list. It is further pleaded that the copies of provisional select list published in "Rising Kashmir", "Greater Kashmir" and "Kashmir Images" issues dated 24.02.2012 clearly incorporated the stipulation that the petitioner was provisionally selected subject to production of bona fide certificate in the prescribed format and Migration Certificate. Same condition was incorporated in provisional select list published on the Official Website of the Board. Representation filed by petitioner was considered and rejected by the Convenor of Selection Committee which was placed before the Board in 93rd Board Meeting held on 07.03.2012 and confirmed by the Board. It is further pleaded that the bona fide certificate produced by petitioner along with the representation was not in the prescribed format and had been issued only for the purpose of undergoing internship programme. Thus, it is pleaded that no legal or constitutional rights of petitioner have been violated and reliance placed by her upon recommendation of Administrative Officer of the Board is of no consequence as the Administrative Officer of the Board is not involved in the selection process directly or indirectly and has no authority to make suggestions or recommendation regarding claims of candidates.