ATUL SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) ATUL Sharma, appellant herein was the petitioner in W.P. No. 913/96 seeking certain beliefs at the hands of the learned Single Judge in the said writ petition, the learned Single Judge having declined to grant that reliefs, the writ petitioner has presented this appeal challenging the correctness and legality of the orders made by the learned Single Judge on 12 -3 -1997, in the above said writ petition.

(2.) A few facts which are necessary for the disposal of this appeal areas follows: -

(3.) RESPONDENT No.2, J&K Public Service Commission, through its Secretary issued a Notification duly published in the newspaper on 21 -9 -1995 calling applications for examination to combined Service (Preliminary Competative Examination). Pursuant to the said Notification the appellant filed an application as one of the candidates. It is stated that he was also permitted to take the preliminary examination. He has successfully completed the preliminary examination and the results were declared. On the completion of the preliminary examination successfully he had to take main examination to be conducted by the Public Service Commission, but the respondent No.2 has pointed out by an endorsement issued to the appellant that the appellant was not eligible to appear in the examination to which he has applied, as on the last date fixed in the notification for receiving application, he was not qualified in as much as the B.A. Final examination results came to be declared some time after the last ¢date fixed by the Public Service Commission i.e. 31 -10 -1995. It is not in dispute that though the final examination of B.A. had been held earlier, there has been some delay in declaration of the results. It is stated that as per annexure A produced in the appeal a declaration was made by the appellant on 15 -10 -1995 in which he has produced a copy of annexure B addressed to Secretary, J&K Public Service Commission, Srinagar saying that the following certificates would be submitted shortly before the examination starts: - (i) Graduate qualification certificate (result awaited); (ii) Permanent Resident Certificate of self, which is under process. However, photocopy of fathers permanent Resident Certificate is enclosed.