AB RASHID SOFI Vs. GENERAL INSURANCE

JUDGEMENT

(1.) THE petitioner namely, Abdul Rashid Sofi through the medium of this petition has invoked the writ jurisdiction of the court which is vested under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir. Respondent had advertised the post of marketing trainees in the cadre of development officers Grade -ll from amongst the General Insurance Agents, Marketing Agents and Rural representatives. The eligibility criteria for the candidates was to possess three years experience as General Insurance Agent and Rural Representative. The minimum age limit was prescribed 21 years and the maximum limit was of 30 years. In terms of clause 5.1 of the said advertisement notice, respondent had the power to relax upper age limit. Sub -Clause(3) of the above stated clause 5.1 provided that the upper age limit for schedule caste/schedule tribes was relaxable by five years. In terms of sub -clause(c) of clause 7 of the said advertisement notice the candidates having passed the written test, were required to be called for personal interview.

(2.) THE petitioner is a graduate of the Kashmir University and possessed six years experience as "Insurance Agent". He was eligible to apply in consequence to the said advertisement notice. The petitioner in the "prescribed form of application" had shown his category as "schedule caste". His age limit was relaxed and was allowed to appear in the written test under roll No. 170007. The petitioner qualified in the written test and thereafter appeared in the "viva -voce test" and his name figured in the fist of provisionally selected candidates. The petitioner had submitted certificate bearing No. 1071/80/87 dated. 31.12.1987 issued by the Dy. Commissioner, Srinagar wherein it was stated that he belonged to backward class. The petitioner had also made an application wherein he had specifically stated that in the State of Jammu and Kashmir amongst the Muslim community there was no category of the society amongst muslim were categorised as "backwards" in terms of J&K Backward Order. 1956. According to him, on the basis of the certificate of Backward class he was able to get his upper age limit relaxed. He came to know after perusing objections filed the respondent No.1 in writ petition titled Bashir Ahmad Shah Vs. Regional Insurance Corporation of India and Ors. that he (petitioner herein) was not entitled for the benefit of reservation. This observation of respondent No.1 has been challenged on the following grounds: i. After becoming selectee against a post of Marketing Trainee, the petitioner acquired right to be appointed and posted against a suitable post. Respondent unilaterally and without affording the petitioner any opportunity of being heard has deleted his name. This is a serious transgression on the petitioners fundamental right guaranteed under Article 14 and 16 of the Constitution of India. ii. Respondent had relaxed the age limit of the petitioner on the basis of the documents furnished by him. All these documents had the common substratum that the petitioner belonged to backward community of muslims of Kashmir valley. Respondent did not apply its mind to this aspect of the case but in a casual and mechanical manner rejected his selection.

(3.) RELIEF in the nature of writ of mandamus is sought for quashing the order of the respondent whereby his name has been deleted from the list of selected candidates. Further, a direction is sought to the effect that respondent should issue formal orders for the appointment of the petitioner on the basis of the selection so made.