(1.) THIS criminal revision is directed against the order dated 8 -7 -2006 passed by learned Special Judge, Anti -Corruption, Kashmir, in File No. 121/B of 2006 titled State Vs. Muzaffar Ahmad Bhat and others, discharging the accused -respondents of the charges leveled against them. Before proceeding further, it is profitable to notice the brief facts of the case.
(2.) RESPONDENT No. 1 -accused in response to the notification No. C of 1989 dated 22 -6 -1989 applied for the post of Lecturer in the discipline of Music for Higher Education Department. M.A. Music or equivalent grade was the requisite qualification for the said post and minimum age for applying for the post was prescribed as 18 years. Respondent No. 1 -accused possessed diploma in Sangeet Basker from Pracheen Kala Kendra, Chandigarh. The case of the prosecution is that possessing of diploma in Sangeet Baskar from Pracheen Kala Kendra, Chandigarh and relied by accused No. 1 was not equivalent to M.S. Music and he had also not attained the age of 18 years as on 1 -1 -1989, as required in terms of notification referred to hereinabove. The allegation against other accused -respondents 2 to 6 who were members of the Eligibility Committee of the Public Service Commission, is that they hatched a conspiracy and declared accused No. 1 as eligible despite of the fact that he was not having minimum age at the relevant point of time and was not possessing requisite qualification.
(3.) THE trial court after hearing learned counsel for the parties discharged the accused and dismissed the challan.