MANOHAR LAL Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) In this petition, the petitioner inter alia seeks quashment of decision taken in the meeting held on 11.11.2012 by which recommendation in favour if the petitioner for his appointment to the post of District and Sessions Judge has been reversed, as well as a direction to respondents to appoint ;he petitioner to the post in question under Scheduled Caste Category and ;o award him all consequential benefits.

(2.) The facts leading to filing of instant writ petition briefly stated are hat an advertisement notice was issued on 01.08.2011 by which applications were invited for 13 posts in the cadre of District and Sessions Judge by direct recruitment. Out of aforesaid 13 posts, 3 and 1 each were reserved for Residents of Backward Area and Scheduled Caste and Line of Actual Control Categories respectively and remaining 8 posts were to be filled up from Open Merit Category. Rule 8 of the Jammu and Kashmir Higher Judicial Services Rules 2009 deals with criteria for selection. Rule 8 (i)(a) envisages two papers comprising 90 marks each whereas viva-voce examination comprises 20 marks. As per advertisement notice the candidates of Scheduled Caste Category who secure 50% or more marks in written examination were entitled for viva voce examination.

(3.) The petitioner as well as Respondent No. 4 and other candidates responded to aforesaid advertisement notice against the post of District and Sessions Judge under Scheduled Caste Category. The petitioner and Respondent No. 4 qualified for viva-voce examination, which was held on 28.07.2012. The Respondent No. 2 published the select list containing 9 names on 14.08.2012, which did not include the name of the petitioner. In response to the query made by the petitioner under the Right to Information Act, the Registrar General of this Court vide memo dated 07.09.2012 informed the petitioner about the marks awarded to him in the viva-voce and also provided photocopy of answer sheet of the petitioner's Paper-II of written examination and the petitioner was also informed that he may inspect the answer sheet of other candidates belonging to Scheduled Caste Category.