STATE AND ORS. Vs. VEENA DEVI AND ANR.

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dated 23.07.2002 passed by the learned Single Judge in SWP No. 633/2000 in case titled as Veena Devi Vs. State and others wherein respondent No. 1 i.e. petitioner, being higher in merit than one Swarn Kanta was held entitled to issuance of letter of appointment as also to all consequential benefits including monetary benefits with effect from the date of judgment in SWP No. 69/97 i.e. 31.03.1998.

(2.) Brief facts of the case necessary for adjudication of the controversy involved in the instant appeal are that a requisition was made by the Education Department to the Jammu and Kashmir Services Selection Board (hereinafter to be referred to as the 'Board') for selection of teachers in Udhampur District against 450 vacancies. The Board after assessing the eligibility, suitability, performance and merit of each and every competing candidate, forwarded a select list of 412 candidates vide communication No. SSB/SS/131/3, dated 24.09.1993. Where after another list of 34 plus 4 candidates was forwarded vide communication dated 31.01.1995 and 01.02.1995 respectively for ex-servicemen, scheduled tribes, part time instructors and handicapped persons.

(3.) Ms. Swarn Kanta, one of the competing candidates on not finding her name in the select list, challenged the legality of the selection by way of SWP No. 1274/1994 on the ground that being a scheduled caste category candidate and figuring at S. No. 1 of the waiting list, she ought to have been selected as one Chanchala Devi having been selected under the scheduled caste category at S. No. 15 in the select list had died even before the issuance of appointment order, therefore, the said vacancy being reserved for scheduled caste candidate ought to have been reconsidered with a view to provide her an opportunity for being selected.