STATE OF J&K Vs. KRISHAN PAL

JUDGEMENT

(1.) THESE Letters Patent Appeals are directed against the judgment dt. 22nd of December, 2006, passed by the learned Writ Court in a bunch of petitions bearing SWP Nos. 2355/03, 136/04, 229/04, 360/04, 362/04, 371/04, 434/04, 480/04, 726/04 and 1285/04, whereby the said writ petitions, involving similar nature of controversy have been disposed of with the following directions: - "(i) The selection made by the Selection Committee/Board on the basis of tehsil -wise, after conducting the trade test, thereby dropping the petitioners, is quashed; (ii) Respondent are directed to re -determine the merit of the candidates district -wise; and they will not opt any of the candidates, who have applied for the posts of Constables, in trade test, and will not deduct four marks to be allotted to them in terms of Order No. 941 of 2003 dated 06.03.2003 issued by respondent No. 3. (iii) Selecting Authority can put only those candidates in trade test(s), who have applied for the posts of Followers. (iv) While determining the candidature of the SC/ST candidates, the relaxation of upper age shall be considered in terms of the Brochure on Reservation for Scheduled Castes in Services, issued by the General Department, Government of J&K and in terms of Jammu and Kashmir Reservation Rules, 1994 (SRO 126 of 1994). (v) The official respondents are further directed to give a personal bearing to all those candidates, who are to be affected after re -determining the merit of the candidates district -wise. (iv) This exercise is to be completed within three months. Till this exercise is completed, the candidates already selected and appointed should not be disturbed"

(2.) THE facts which are not in dispute are that Director General of Police, Jammu and Kashmir -appellant No.3, vide an advertisement notice dated. 25th of Jan03, invited applications from the permanent residents of the State of J&K (male candidates only) for the post of Constables in IRP Battalions in the pay scale of Rs. 2750 -4400/ - with usual allowances. The educational qualification, age and physical standard prescribed for the said post were as follows: - Educational qualification Age as on January 1st, 2003 Physical Standard Matric and above from any recognized institute Not less than 18 years and above 28 years. (The candidates born before 01.01.1975 and after 31.12.1984 shall not be eligible) Height 56" Chest 32" unexpanded 33 -1/2" Expanded. However, for the candidates belonging to Leh, and Kargil Districts and Gurkha community (State Subjects), the minimum height shall be 54"

(3.) THE advertisement notice further provided that the candidates will be subject to following tests: - i) Physical measurement test; ii) Outdoor tests: iii) Item Qualifying time/distance (a) 100 Mtrs Race 15 Seconds or less (a) 100 Mtrs Race 15 Seconds or less (b) 0500 06 Minutes or less (c) High Jump 3 feet (in three chances) (d) Long Jump 12 feet (in three chances) (e) Push ups (20)