WAJAHAT HUSSAIN AND ORS. Vs. STATE OF J&K

JUDGEMENT

(1.) Vide Advertisement Notice No. 10 of 2005 dated 29.12.2005 invited applications for selection to various posts including the posts of teachers District Cadre Poonch. Petitioners, who belong to reserved categories and otherwise, fully eligible for the posts of teachers, also submitted their application forms. All the petitioners being fully eligible and meritorious too were all along expecting that the respondents may call them for the viva-voce test but to the utter shock and dismay of the petitioners, the respondents issued notification dated 04.09.2006 whereby the dates for interview for the posts of teachers (District Cadre Poonch), were notified.

(2.) It is further stated the interview for the posts of teachers under different categories is to be conducted with effect from 18.09.2006 to 04.10.2006 only of those candidates to the said notification. The petitioners, however, after great efforts came across the notice which was displayed on the Notice Board of the Respondent Nos. 2 to 4 in which the cut-off and the number of candidates were shown. The manner in which the short-listing criterion has been adopted by the respondents is totally contrary to law and Reservation Rules in force. The respondents have called the last candidate from the open merit category who secured 25.40 points, whereas in the reserved categories like SOC and ALC, the last candidate short-listed for the purpose secured 29.28 and 33.33 points respectively, which itself is discriminatory and infringes the rights of the petitioners guaranteed by Article 14 and 16 of the Constitution of India. The criteria fixed by the respondents has the effect of denying the candidates including the petitioners of their right to be considered for selection/appointment and respondents cannot be allowed to restrict the candidates by adopting such an irrational and unconstitutional criteria.

(3.) This Court vide order dated 04.10.2006 issued notice to the respondents.