AZAR KHAN Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) As the issue involved in the instant petitions is same and therefore these petitions are disposed of by a common order/judgment.

(2.) Before dealing with the pleadings and arguments put forth by learned counsel for both the sides in the petitions it is deemed appropriate to give brief narration of the facts of the case which is as under:-

(3.) Respondent No. 2 i.e., Jammu and Kashmir Service Selection Board vide Advertisement Notice No. 1 of 2015 dated 7th of April, 2015 invited applications for various posts of State/Divisional/District Cadres including 134 posts of Naib Tehsildar, break up of which is 82 under Open Merit, 14-RBA, 13-SC, 13-ST, 2-ALC, 1-OSC, 6-ESM and 3-HC. It is contended that as per Advertisement Notice, minimum qualification prescribed for the post of Naib Tehsildar is Graduate with knowledge of Urdu. Petitioners being fully eligible, applied for the posts of Naib Tehsildars in pursuance of aforesaid notification. Petitioners contend that Advertisement Notification itself does not specify as to of which standard, such knowledge of Urdu is required to be possessed by the petitioners and there is no practice of including Urdu in the descriptive type test. It is contended that respondents in terms of Notice dated 31.07.2015 published syllabus for written test for the posts in question, wherein besides other stipulations, 30 marks are earmarked for descriptive test in Urdu. It is contended that in terms of notice dated 31.07.2015, respondents-authority has, for the first time, in violation of earlier notifications as well as other criteria, kept a separate written test for the subject Urdu, which has the effect on contesting persons without Urdu as a subject, which is against the mandate of Articles 14 and 16 of Constitution of India. However, there is no specific/definite clarification to the fact that as to which standard, such knowledge of Urdu is required to have, since there was no practice of inclusion of Urdu in objective type test. It is also the contention of petitioners that prior to issuance of notice dated 07.04.2015, respondents authorities have advertised posts of Naib Tehsildar through the medium of advertisement notice dated 26.04.2002, followed by advertisement notice dated 14.12.2005 and notice dated 4 of 2008 dated 26.05.2008 wherein the criteria for making selection to the posts of Naib Tehsildar was graduation with knowledge of Urdu. As the said advertisement notice was issued in the year 2002 on the basis of Jammu and Kashmir Revenue Subordinate Recruitment Rules, 1973, followed by its amendment in 2003 vide SRO No. 178 and lastly as per present recruitment criteria laid down by recruitment rules of 2009, the method of selection to the post of Naib Tehsildar was adopted on the basis of graduation with knowledge of Urdu as a prerequisite. It is also averred that the recruitment rules leave no doubt that Urdu is not a prerequisite, but certainly it was a requirement for the purpose of knowledge only, which the petitioners should possess. But at the same time, it does not mean that the respondents-authorities can fix a separate written test of 30 marks in Urdu subject which is clear violation of recruitment rules and the same was not the intention of legislature. The impugned notice has deprived the petitioners of fair chance of competition as the petitioners have neither studied Urdu language in their elementary schooling nor till 10th standard. The recruitment rules of 2009 only prescribe for knowledge of Urdu but that does not mean respondents can fix separate written test in Urdu subject, which is against the scheme of recruitment rules as well as advertisement notices viz. 1 of 2015 dated 07.04.2015, therefore, the petitioners are aggrieved of the impugned notice dated 31.07.2015 to the extent it envisages descriptive test in Urdu for the purpose of making selection to the post of Naib Tehsildar in pursuance of advertisement notice dated 07.04.2015.