MOHD ASLAM BACH Vs. V L VISHIN

JUDGEMENT

(1.) THIS is an application under Art. 322 -A of the Constitution of India as applied to the State of Jammu and Kashmir for a direction, order or an appropriate writ quashing the Government Order No. 442/A/55 dated 24 -10 -1955 according sanction in anticipation of Cabinet Order to the appointment of the lecturers respondents Nos. 1, 2 and 3 which was subsequently confirmed by the Cabinet Order No. 795/C of 1956 dated 14 -4 -56. The petitioners case is as follows:

(2.) THAT he is a first class hereditary State subject; that he passed his M. Sc. Examination in Chemistry from the Aligarh Muslim University obtaining second Division in 1954; that the petitioner was appointed as Demonstrator in Chemistry in the scale of 150 -10 -250 in Amarsingh College on probation for two years on the post being vacated by one Mr. Abdur Razak Shah who was promoted as a Lecturer; that the Director of Education advertised in the Jammu & Kashmir Government Gazette inter alia the posts of lecturerships in Chemistry in the grade of, 200 -15 -350/25 -500 on the 23rd June 1955 and the 7th July 1955; that he possessed tie necessary qualifications for the post and was better suited for the post of lecturership on the basis of merit and ability as compared to respondent No.1 Mr. V. L. Vishin, that Mr. V. L. Vishin who had passed M. Sc. in the third division was selected for the post in preference to the petitioner which was contrary to the provisions of the Kashmir Civil Service Rules. Lastly the petitioner averred that he had been deprived of the post of Lecturer by disregarding the Kashmir Civil Service Rules whereby the guarantee of equal protection of law envisaged in Art. 14 of the Constitution of India was denied to the petitioner. It was therefore prayed that an appropriate writ, direction or order be issued to quash the Government Order No. 442/A -55 dated 24 -10 -55 according sanction in anticipation of the Cabinet order to the appointment of respondents Nos. 1, 2 and 3 as Lecturers in Chemistry and prohibiting the Cabinet from confirming the said anticipatory order and restraining respondents Nos. 1, 2 and 3 from assuming the posts of Lecturers in Chemistry and ordering the appointment of the petitioner as Lecturer in preference to Mr. V. L. Vishin respondent.

(3.) OBJECTION to the petition have been filed by the Government and by Mr. V. L. Vishin, Mr. Vishin in his reply has submitted that the Government Order No. 442 -A/55 dated 24 -10 -1955 had been confirmed by the Cabinet vide its Order No. 795/C of 1956 dated the 14th April 1956 and the responpondent had assumed the charge of his post and therefore the petition had become infructuous and could not proceed. It was further stated that the Minister -in -charge, Education Department, directed the appointment of the respondent and others to the posts of Lecturers in Chemistry on the basis of merit, ability and seniority. The respondent possessed superior merit and ability and had a teaching experience extending over a period of eight years whereas the petitioner had only a few months experience in this line and was not even a permanent Demonstrator. Lastly it was averred that every candidate who applied for the post of Lecturer was given a fair deal. He was interviewed by the Recruitment Board and keeping in view merit and experience in the teaching line the respondent was selected for the post and therefore the petitioner should have no grievance.