PUBLIC SERVICE COMMISSION J&K Vs. STATE

JUDGEMENT

(1.) THIS LPA is directed against an order passed by a Single Bench of this Court on August 5, 1994. Respondents -writ petitioners in response to notification No. 12 PSC of 1985 dated 13 -12 -1985 applied for the post of 10+2 Lecturer is Persian subject. The aforementioned notification was floated for a single post in so far as the subject of Persian is concerned. The Appellant -Commission considered all the candidates who contested the claim. Thirteen candidates including the petitioners qualified. A select list was drawn. Two candidates M/S Abdul Rashid Khan and Ali Mohd Shah figured at Sr. No.1 and 2 of the select list in order of preference in accordance with merit. The Appellant -Commissioner made a recommendation for appointment of Abdul Rashid Khan on the post of Lecturer. Ali Mohd Shah who ranked second in this list was kept in waiting list for appointment in case need would arise. After the selection process to the post in terms of the above referred advertisement notice was over, the department of education referred some more posts to the Public Service Commission.

(2.) THE Appellant -Commissioner intended to start floating fresh advertisement. The petitioners approached the writ court on 23 -6 -1987 and filed the writ petition.

(3.) THIS Court by way of an adinterim direction issued on 26 -6 -1987, restrained the appellants from making any advertisement in respect of the posts till the disposal of the petition. Thus the selection process stands blocked. Para 10 of their writ petition reads as under: - " 10. That the petitioner, it may be pertinent to mention, have learnt through reliable sources, that the Respondent No.2 is making hectic efforts of inviting applications and advertising the said posts of Lecturers in Persian afresh within a few days, thereby making the waiting list of candidates for the said post based on interview held last year, impracticable and practically ineffective and unenforcible."