SHEERAZ AHMAD RATHER Vs. STATE AND ORS

JUDGEMENT

(1.) The petitioner, implores for the grant of a writ of Certiorari in quashing the appointment of the private respondents selected under the RBA category to the posts of Constables in the J & K Executive Police in district, Kulgam. A writ of mandamus is also sought for commanding the official respondents to select and appoint the petitioner under the RBA category as a Constable in the J & K Executive Police pursuant to the advertisement Notice No. PERS-A21/2010/14804-903 dated 07-04-2010.

(2.) The facts that are essential for the decision of the matter on hand are that the petitioner belongs to RBA category. He responded to the advertisement Notice bearing No. PERS-A-21/2010/14804-903 dated 07-04-2010, issued by the respondent No.2, whereby applications on prescribed forms, were invited from the permanent residents of J & K, for filing up the posts of constables in J & K Executive Police. The petitioner fulfilled all the conditions and the criteria laid in the advertisement notice for being selected/appointed to the said post. The petitioner successfully completed the physical as well as the outdoor test conducted by the respondents. The height test of the petitioner, which is a prerequisite for being selected/appointed as Constable, was also conducted and it was found that the petitioner's height is 5' x 8' and the chest is 32' (unexpanded) and more than 33' (expanded). It is stated that keeping in view the above criterion, the petitioner was the most desirable, meritorious and best suited candidate to be selected and appointed to the post of a Constable in the Executive Police. It is stated further that the petitioner earned 26 marks/points, i.e. 15 marks/points for academic qualification and 11 marks/points for height.

(3.) It is further stated that the Armed Police hqrs., J & K, Jammu, vide order No. 51 of 2011 dated 10-02-2011, issued a select list of the Constables for the districts of Anantnag, Kulgam, Pulwama and Shopian and all the selected candidates were directed to report to the Inspector General of Police, Kashmir, Srinagar, along with their testimonials/additional qualification/professional certificates within 15 days. The Petitioner obtained 26 points/marks in the RBA category, which was the lowest cut off merit for district Kulgam. However, in case of a tie between the candidates, the elder one (senior in age) had to be selected. The petitioner being senior in age than the private respondents, ought to have been selected/appointed, but to the utter dismay of the petitioner, he was ignored. It is further stated that the petitioner approached the respondents to enquire about the cause of the denial of his selection to the post of constable, but to his surprise, he was told that he had not attached the RBA certificate with the application form. The petitioner has stated further that the fact remains that apart from stating in the application form that he belonged to the RBA category, he had also attached a photocopy of the same to the application form. Besides, at the time of filing of the application form, the annexures to the application form were checked by the respondents and it was only thereafter that the application form was entertained. The petitioner has further stated that the RBA category certificate has been removed illegally from the application.