LAWS(J&K)-2016-5-12

SANTOSH KUMARI Vs. J&K SSB & ANR.

Decided On May 02, 2016
SANTOSH KUMARI Appellant
V/S
JAndK Ssb And Anr. Respondents

JUDGEMENT

(1.) Present petition has been filed seeking review of judgment and order dated 03.11.2015, passed in LPA(SW) 27/2003, by virtue of which this court had allowed the appeal of the appellant (respondent herein) by holding that the petitioners-respondents in the appeal, were less meritorious than the last selected candidate in the open merit category and had secured 34.55 and 63.26 points as against 59.50 and 63.54 points respectively, secured by the last candidate in the aforementioned category.

(2.) This court, thus, held that the writ petitioners-respondents in the appeal had a preferential right of consideration only if the merit obtained by them was same as the last candidate selected in the open merit category. It was in those circumstances that the appeal filed by the Board-respondent had been allowed and consequently, the judgment passed by the writ court was set aside.

(3.) Counsel for the petitioner urged that this court ought to have upheld the direction passed by the writ court to consider the case of the writ petitioners for appointment which was an innocuous direction. It is on this ground, review is sought of the judgment and order dated 03.11.2015.