RAJ NATH Vs. STATE OF J&K

JUDGEMENT

(1.) GOVERNMENT order No. 1322 -GD of 1980 dated 9.7,1980 was issued by the General Department, (Trainings) in which it was stipulated that in order to provide promotion opportunities for Vetenary Assistants, Flock Supervisors and such other deptt. hands of the Animal Husbandry Deptt. and sheep Husbandry reservation to the extent of 10% of the seats available was made in an academic year in B V.SC. course in various Vetenary Colleges in the country. There were three conditions imposed in this Government Order; firstly that the candidates should posses the requisite qualification i.e. T.D.C. Part -l (Medical Group) and they should have secured 50% marks in science group secondly that the candidates should have five years service in the capacity of Vetenary Assistants etc. and their age should not exceed 30 years of 1st of January of the academic session and thirdly in case suitable departmental candidates would not be made available in a particular year, this quota would be added to the open merit quota. This order was circulated by the Heads of the departments of Animal Husbandry and Sheep Husbandry Departments and applications were invited by them from the departmental candidates fulfilling the abovesaid conditions.

(2.) PETITIONERS case is that he passed 1st. Year T.D.C (Medical Group) in the annual examination of 1970 securing 238 marks i e. 52.39% marks in science subjects. He had served the department for more than five years and was working as Flock Supervisor in the Sheep Husbandry department of the government of Jammu & Kashmir. He was fulfilling all the conditions, including that of age and was fully qualified for being selected for the abovesaid course. He sent his application through proper channel as stipulated in the notice and was afterwards interviewed on 28.6.1981 by the Selection Committee constituted for that purpose. The Selection Committee selected seven candidates, including himself as his name appeared at S. No. 0.6. in the said list and the committee submitted the list to the govt. However, only respondents 6 to 8 namely MirZahoor Ahmed, Sh. Mohd Hanif & Sh. Mohd Yusuf Wani & one another person Vakil Singh were selected for the course. Mir Zahoor Ahmed respondent No 6, did not have five years service on the date of his selection, Sh. Mohd Hanif respondent No. 7 had also not completed five years service at that time and had secured only 50% marks in science group of 1st. year T.D.C. and Sh. Mohd Yusuf respondent No. 8 had not applied for admission within the period stipulated and was also not possessing the requisite Qualifications. These respondents 6 to 8 ware thus not qualified for being selected for B.V.S.C. course whereas he was fully qualified for the said course. Thus the selection of respondents 6 to 8 for B V.S.C course was arbitrary and violative of Art. 14 and 16 of the constitution of India. He has prayed for quashing the order of selection of respondents 6 to 8 No. TRB/RES81 -82 dated 27.8.1980 and declaring him to have been selected for the said course.

(3.) SH . Mohammad Amin, Dy. Secretary to Government General Deptt. (Trainings) has filed reply affidavit on behalf respondents 1 to 5 averring therein that the application of the petitioner was received alongwith other application of other departmental candidates from the Director Sheep Husbandry Department. The Selection Committee submitted a list of five departmental candidates and the name of the petitioner was not in that list. On the recommendations of the selection committee candidates were selected and these included respondents 6 to 8, besides one Vakil Singh. Four candidates were from the sheep Husbandry Department and 5th namely Sh. Manbhajan Singh was from Animal Husbandry Department. It is further mentioned in the reply affidavit that while forwarding its recommendations the selection committee relaxed the short fall in service of one year six months and thirteen days in favour of Mr. Zahoor Ahmed as also relaxed the short -fall in service of 11 months 5 days in respect of Sh. Mohd. Hanif. The reason for such recommendations was that while Sh. Zahoor Ahmed was the only departmental candidate with B.Sc. qualification and Sh. Mohd Hanif belonged to a category of Gujjar. The selection committee had before it the guidelines for selection of candidates for BV.S.C. course as held down in Govt. Order No. 1?68 -GD of 1981 dated 29.5.1981. The selection committee determined the merit of these candidates strictly in accordance with the criteria as laid down in the abovesaid government order.