LAWS(J&K)-2015-3-68

DR. JYOTI HAK. AGED 42 YEARS W/O DR. SATISH KUMAR R/O 103 Vs. STATE OF J&K THROUGH PRINCIPAL SECRETARY TO GOVERNMENT. HEALTH & MEDICAL EDUCATION DEPARTMENT, CIVIL SECRETARIAT, JAMMU/SGR. & ORS.

Decided On March 25, 2015
Dr. Jyoti Hak. Aged 42 Years W/O Dr. Satish Kumar R/O 103 Appellant
V/S
State Of JAndK Through Principal Secretary To Government. Health And Medical Education Department, Civil Secretariat, Jammu/Sgr. And Ors. Respondents

JUDGEMENT

(1.) These appeals are filed by appellant (Jyoti Hak) and the State against order passed in SWP No, 2800/1999 dated 13.08.2001 wherein after issuing the writ of quo-warranto it was held that appellant was selected in breach of the Reservation Rules, i.e., she was selected on a post which was meant for Scheduled Caste Category candidate and the private respondent No. 4 was found ineligible by the Public Service Commission.

(2.) Whether ineligible candidate has locus standi to challenge the selection of selected candidate was considered by Honourable the Supreme Court in the following decisions:-

(3.) It is now well settled that ineligible candidate cannot challenge the selection of selected candidate. Hence on that ground alone order passed by the learned Single Judge cannot be sustained.