AJEET KUMAR Vs. STATE AND ORS.

JUDGEMENT

(1.) Instant writ petition has been filed with a prayer for the issuance of a writ of Certiorari for quashing Annexure D bearing No. PSC/DR/+2/Sanskrit/04 dated 18.08.2005 (intimating selection, besides recommending appointment of respondent No. 4 as Lecturer in Sanskrit (10+2) in School Education Department), as also for the issuance of a writ of Mandamus, directing the respondents to consider / appoint the petitioner as Lecturer, Sanskrit.

(2.) That brief facts of the case leading to the filing of the instant writ petition are that vide advertisement Annexure B dated 10.09.2003, applications were invited by the Jammu & Kashmir Public Service Commission ( hereinafter referred to as the Commission) from eligible candidates possessing amongst other qualifications, Master' Degree in the relevant subject for the post of Lecturer in Sanskrit (10+2) under the RBA category. Petitioner, respondent No. 4, besides other candidates applied for the said post. Pursuant to conduct of selection process, respondent No. 3, vide Annexure D, bearing No. PSC / DR / +2 / Sanskrit / 04 dated 18.08.2005, while intimating selection of respondent No. 4, recommended his appointment as Lecturer in Sanskrit (10+2) in School Education Department. Pursuant thereto, respondent No. 4 was appointed as Lecturer, Sanskrit (10+2), School Education. Although, the order of appointment is not on record, however, pursuant to his appointment as Lecturer, Sanskrit (10+2), School Education in 2005, respondent No. 4 continues to be in service.

(3.) That grievance of the petitioner is that despite his possessing the essential qualifications for the post of Lecturer in Sanskrit (10+2) i.e. Master' Degree in the relevant subject i.e. Sanskrit as evident from certificate Annexure A, consequentially being eligible for the post, yet he was ignored, instead, respondent No.4 who was not possessing Master' degree in the relevant subject and was merely Acharya (Master of Arts) in Jyotisha, therefore, not eligible to be appointed as Lecturer in Sanskrit, was illegally selected and appointed pursuant to recommendation by respondent No. 3 vide order Annexure D dated18.08.2005.