SHABIR AHMED Vs. PUBLIC SERVICE COMMISSION, J&K

JUDGEMENT

(1.) VERY short and simple question of -law is involved in this petition. The petitioners are seeking the benefit of reservations in government employment on the basis of Ordinance made for Gujjar community, which hat, been declared Scheduled, Tribes - community and, reservations for which have been provided for in the relevant, rules. The petitioners grievance is that despite reservation having been clearly provided for their community in the matter of employment to government services, they were denied the benefit by the respondents without any logic or reasoning, resulting in the depreciation of appointment to such services op account of such denial of benefit. The facts briefly stated are as under:

(2.) ON 2.7.1991, by another notification issued vide SRO 205 of the same date, 1990 Rules were amended to the extent that in Rule -2 (b) the words "as amended from time to time" came to be inserted and instead of the reservation of 2%, as provided originally in Rule -3 of 1990 Rules, reservation to the extent of 10% was prescribed. The effect of the amendment brought about by the notification SRO 205 of 1991 dated 2.7.1991 was that, the definition of "Scheduled Tribes" contained in Ruie -2 (b) was extended to include Scheduled Tribes finding mention in 1989 Order, as amended from time to time. Likewise the reservation for Scheduled Tribes in Government services was increased from 2% to 10% vide Government Order No. 1141 -GAD of 1991 dated 22.11.1991, in pursuance to notification SRO 8 dated 3.1.1991, read with SRO 205 dated 2.7.1991, roster points for Scheduled Tribes for the reserved vacancies for direct recruitment in government service together with reservation for promotions was prescribed as under: -

(3.) IN the backdrop of aforesaid rule position, let as take a look at some of the relevant dates, with reference to the material facts. Vide notification No. 10 -PSC of 1987 dated 21.8.1987, applications on prescribed forms were invited by the J&K. Public Service Commission for appointment on the post of Assistant Engineers (Civil and Mechanical) in the pay -scale of Rs. 2000 -3500 in Public Works Department. The last date for receipt of application forms was 21.9.87. It is admitted case of the parties that petitioner No, 1 Shabir Ahmad fulfilling the eligibility conditions prescribed in the aforesaid notification had applied within time, i.e. before 21. 9. 1987, but petitioner No. 2 Parvez Ahmad Rana was not fulfilling the eligibility conditions till the last date fixed for receipt of application forms. However, vide notice dated 26.3.1992, issued by the Public Service Commission, as many as 29 candidates were asked to appear for interview for the aforesaid posts on March 29, 1992 at 9 a.m. in the office of Public Service Commission, Jammu, The name of petitioner No. 2 figured at S. No. 23 of this list. It is the admitted case of the parties that petitioner No. 2 had obtained an order from this court in another writ petition filed by him wherein this court had directed the Commission to interview the petitioner, notwithstanding the fact that he has acquired eligibility qualification after the last date fixed in the advertisement notification dated 21. 8. 87 and notwithstanding the fact that the date for receipt of applications was over, The admitted fact, however, is that pursuant to the order of this court passed in another writ petition, the petitioner was interviewed on March 29, 1992 alongwith other candidates.