NASEER-UL-HAQ KHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) ADVERTISEMENT Notification No. 08 of 2010 dated 24th December, 2010, was issued by Jammu & Kashmir Service Selection Board (for short Board) inviting applications from eligible candidates for being selected/appointed on the posts of Junior Engineers, Grade II, Civil.

(2.) BESIDES others, the petitioner and private respondent No. 4, responded to the said notification and sought consideration for being selected/appointed on the posts of Junior Engineers, Grade II, Civil under RBA category.

(3.) THE respondent - Board made recommendations in respect of selected candidates to the Government on 24th January, 2012, in which private respondent also figured. The Government acted upon the said recommendations and issued appointment orders in favour of the selected candidates, which include private respondent as well. Thereafter, one more communication was send by the respondent - Board to the Government on 25th January, 2012 in respect of RBA candidates. In that communication, the Principal Secretary to Government, PWD, was informed by the Secretary to respondent - Board that due to inadvertent error, name of the private respondent was recommended under RBA category at S. No. 65. The authority was further informed that on checking the selection record, it has been found that the RBA certificate was issued in favour of the candidate after the cut off date and in consequence thereto, the candidature of private respondent stands deleted from RBA category. The Principle Secretary was further informed that in sequel thereto, the candidate figuring at S. No. 1 of the Waiting List, under RBA category, i.e. present petitioner, makes the grade.