SHASHI PAUL SHARMA Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner applied for the post of Teacher in District Kathua in response to an Advertisement issued by the J&K Service Selection Recruitment Board in the year 1985, but was not selected whereupon SWP No. 802/1986 was filed challenging the selection of some of the candidates, who, according to the petitioner, were much inferior in merit. At the very outset, it needs noticing that although it has been mentioned in the order of the Writ Court dated 13th September, 1990 in SWP No. 802/1986 that prayer in the writ petition was for issuance of Writ of Certiorari for quashing the selection of respondent Nos. 3 to 5 therein and further for issuance of directions to the respondents to appoint the petitioner as teacher, but on the basis of copy of writ petition produced during the hearing, it emerges that prayer of the petitioner in SWP No.802/1986 was as under:

(2.) Evidently, the only prayer made in the aforementioned writ petition was for issuance of writ of certiorari for quashing the selection of respondent Nos. 3 to 5 therein as was made by respondent No. 2.

(3.) That the Writ Court vide order dated 13.09.1990 allowed the aforementioned writ petition. Relevant extract of operative part of the order reads as under: