VIJAY KUMAR Vs. STATE AND OTHERS

JUDGEMENT

(1.) The Petition is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally.

(2.) In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of Government Order dated 19.09.2013 insofar as it pertains to appointment of respondent No. 3 on the post of Functional Manager under Other Social Caste (for short 'OSC') category in Jammu and Kashmir Industries and Commerce (Gazetted) Services. The petitioner also seeks writ of mandamus directing the respondents to consider and consequently appoint the petitioner in the Junior Scale of Kashmir Administrative Service/Secretariat Gazetted Service/Revenue Gazetted Service etc, as per the choice given by the petitioner at the time of filling up of the application form under the OSC category w.e.f the date when other selectees were appointed pursuant to the advertisement notice dated 10.02.1999 issued by the J and K Public Service Commission. In order to appreciate the grievance of the petitioner, few facts need mention which are stated infra.

(3.) On 10.02.1999, an advertisement was issued by J and K Public Service Commission by which applications were invited for 204 vacancies for Combined Competitive Examination. The last date of receipt of application forms was 23.08.2000. The petitioner being eligible submitted an application under the OSC category. It is the case of the petitioner that respondent No. 3 applied under the General Category and did not apply under the OSC category, as he acquired the OSC category certificate only on 08.05.2001, i.e. after the cut off date and deposited a bank draft of Rs. 500/- along with application form which was required to be submitted by a candidate belonging to general category whereas candidates belonging to reserved categories were required to deposit a bank draft to the tune of Rs. 250/- only.