SURJIT SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) IN this appeal the appellant has called in question the correctness and legality of the order made by the learned Single Judge in SWP NO. 1253 of 1988 disposed of on December 24,1993 by which the learned Single Judge after hearing the learned counsel the appellant(Writ petitioner) on the question of law dismissed the writ petition being without merits. It is this order which is called in question in the present appeal.

(2.) WE have heard Shri S.S. Lehar, learned counsel appearing for the appellant, A few facts which are necessary for the disposal of this appeal are as follows: -The petitioner/appellant was a candidate for selection to the post of Master by the Board of J&K Services Selection constituted by the State of Jammu & Kashmir. Under the provisions of statute relevant for the purpose, it is seen that the Government of Jammu & Kashmir had entrusted the question of selection of Masters to the Board of Services Selection amongst suitable candidates.

(3.) IT is stated that respondents 3 to 6 being junior to appellant have been selected as Masters, but the petitioner/appellant having merit, ability and seniority has been ignored from being promoted to the post of Master by the concerned authority. Aggrieved by this selection of the Board of Services Selection, the petitioner/appellant had filed SWP No. 1253 of 1988 challenging the correctness and legality of the said selection for the reason set out in the writ petition. The learned Single Judge after considering the grounds taken in the wirt petition and hearing the arguments advanced by the learned counsel for the petitioner, observed that the petitioner had mainly stressed upon the following two star grounds in support of his writ petition: