BASHIR AHMED MANTOO Vs. STATE OF J&K

JUDGEMENT

(1.) STATE Cadre posts of Programmer (2000 -3200) were advertised by the Jammu & Kashmir Service Selection Board vide advertisement notice no. 3 of 1997 dated 29.4.1997. Applications were invited from the eligible candidates having the academic and technical qualifications of B.A/BSc./B.Com./ M.A./M.Sc. with PGDCA.. Petitioner alongwith other eligible candidates applied for the posts. They were called for the interview also but on assessment of their merit and on the basis of qualification and interview respondents nos. 5 to 7 have been selected while as the petitioner has been dropped.

(2.) AGGRIEVED of his non selection/appointment on the post the petitioner has, through the medium of the present petition challenged the selection of private respondents 5 to 7 on various grounds. It is alleged by him that the selection has been made arbitrarily without following due procedure and by showing favouritism to the selected candidates. The Board according to the petitioner, has not acted upon the criteria formulated by it, while making selection for the post, and in violation of the said criteria it has selected the candidates who were not at all eligible for the interview. The petitioner has in the circumstances prayed for a writ of certiorari for quashing the impugned process of selection list of private respondents 5 to 7. He has prayed for a writ of mandamus commanding the respondents to make recruitment of the candidates for the posts on account of merit and other required qualification of the candidates who have applied for the same and were found eligible. He has also prayed for a writ of mandamus commanding the respondents to consider the petitioner also for the post of programmer in case of availability of post.

(3.) RESPONDENTS have filed their detailed reply to the present petition. It is stated by them that the respondents 5 to 7 have been selected on the basis of merit obtained by them in the selection process. In para 5 of their reply they have given the petitioners merit position viz. a viz. the respondents as under: -